For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Enewsletter Sign-up
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Coalition for Historical Integrity v. City of San Buenaventura
No CEQA violation where city found statue not historically significant, as a report plus finding that it was less than 40 years old rebutted presumption of its historical significance. 		Environmental Law 2DCA/6 Jun. 12, 2023
Mohler v. County of Santa Clara
County's allowance of local airport's disrepair did not fall within Code of Civil Procedure Section 526a's restrictive meaning of wasteful expenditure. 		Government 6DCA Jun. 12, 2023
Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings. 		Civil Procedure 1DCA/4 Jun. 12, 2023
Modification: In re S.F
Child was improperly removed from father's physical custody when presented evidence could not meet heightened standard required for removal. 		Dependency 1DCA/1 Jun. 12, 2023
Ybarra v. Gittere
Defendant sentenced to die was not intellectually disabled because the IQ evidence portrayed him as someone with intelligence that was not significantly subaverage. 		Criminal Law and Procedure 9th Jun. 12, 2023
McGinity v. The Procter & Gamble Co.
Reasonable consumer would not have been deceived by ambiguous front label on products where the back labels both clarified the front label's meaning and provided an ingredients list. 		Consumer Law 9th Jun. 12, 2023
Tulare Lake Canal Co. v. Stratford Public Utility District
Failure to comply with California Environmental Quality Act requirements can create a lack of information which harms the public interest in informed decisionmaking and, consequently, can support granting a preliminary injunction. 		Environmental Law 5DCA Jun. 9, 2023
Allen v. Milligan
The districting plan adopted by the State of Alabama for its 2022 congressional elections likely violates Section 2 of the Voting Rights Act. 		Government USSC Jun. 9, 2023
Dubin v. U.S.
Fraudulent Medicaid claim did not automatically equate to "aggravated identity theft." 		Health Care USSC Jun. 9, 2023
Jack Daniel's Properties, Inc. v. VIP Products LLC
While dog toy company used Jack Daniel's trademarked bottle design and logo in a humorous way, their chew toy was not an "expressive work" that avoided analysis of consumer confusion. 		Intellectual Property USSC Jun. 9, 2023
Modification: Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 9, 2023
Health and Hospital Corporation of Marion County v. Talevski
Provisions of the Federal Nursing Home Reform Act conferred individual rights that were enforceable via an action filed pursuant to 42 U.S.C. Section 1983. 		Civil Rights USSC Jun. 9, 2023
Pinson v. Carvajal
Prisoner's habeas corpus petition based on prison officials' failure to protect against COVID-19 adequately did not properly sound in habeas because it challenged the conditions of the prisoner's confinement. 		Prisoners' Rights 9th Jun. 9, 2023
People v. Wilson
Defendant's murder conviction under the felony-murder theory was upheld under the amended rule because evidence of his kidnapping and torture of the victim showed he acted with reckless indifference to human life. 		Criminal Law and Procedure CASC Jun. 9, 2023
Beebe v. Wonderful Pistachios
Electricians' evidence of substantial bird feces at job site was sufficient to show a reasonable medical probability that facility owners' conduct was a substantial factor in causing his fungal infection. 		Torts 5DCA Jun. 8, 2023
Borden v. Stiles
Summary judgment was not appropriate where there was no evidence in the record regarding the date of landlord's death--relevant as to whether tenant was in lawful occupation of the property. 		Real Property 4DCA/3 Jun. 8, 2023
Modification: Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment. 		Health Care 1DCA/4 Jun. 8, 2023
VHT Inc. v. Zillow Group, Inc.
Real estate photography studio's 2,700 photos constituted individual works with separate statutory damages rather than a single compilation because they were utilized for their individual pictorial value. 		Copyright 9th Jun. 8, 2023
Sharp v. S&S Activewear, L.L.C.
Employees' sexual harassment lawsuit survived dismissal since "sexually graphic, violently misogynistic" music played daily in warehouse could constitute a hostile work environment. 		Employment Discrimination 9th Jun. 8, 2023
Koonwaiyou v. Blinken
Amendments to Immigration and Nationality Act expanding eligibility non-citizen national status at birth applied to otherwise qualified individual who was born prior to the enactment of the amendments. 		Immigration 9th Jun. 8, 2023
Rodriguez-Zuniga v. Garland
Asylum seeker's petition properly denied when substantial evidence showed that robber's chief motivation was financial gain rather than because of petitioner's protected status. 		Immigration 9th Jun. 8, 2023
Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000. 		Civil Procedure 9th Jun. 8, 2023
Arizmendi-Medina v. Garland
Immigration Judge denied petitioner due process by refusing continuance and deeming application abandoned despite counsel's requests to immediately file asylum application that day. 		Immigration 9th Jun. 8, 2023
Zhovtonizhko v. Garland
Board of Immigration Appeals failed to acknowledge the materiality of legislature's changes to statute, which affected whether petitioner's crimes involved "moral turpitude" and thus rendered him removable. 		Immigration 9th Jun. 8, 2023
Hastings College Conservation Committee v. Faigman
Though legislation changing Hastings Law School's name could adversely affect protected speech, anti-SLAPP motion was properly denied because the legislation, not the protected speech, was the basis of the lawsuit. 		Anti-SLAPP 4DCA/1 Jun. 7, 2023
Aresh v. Marin-Morales
Replacement attorney in employment settlement case could not vacate former attorney's settlement lien because the trial court's factual findings on the lien judgment were presumed valid and he was not a party to the case. 		Attorneys 4DCA/3 Jun. 7, 2023
U.S. v. Estrella
A law enforcement officer must have probable cause to believe that a person is on active parole before conducting a suspicionless search or seizure pursuant to a parole condition, but need not be absolutely certain. 		Criminal Law and Procedure 9th Jun. 7, 2023
Amended Opinion: Hernandez Avilez v. Garland
Noncitizens subject to mandatory detention under United States Code Section 1226(c) are not eligible for release on bond during the judicial phase of the proceedings. 		Immigration 9th Jun. 7, 2023
Los Angeles Waterkeeper v. State Water Resources Control Bd.
Because the State Water Board's duty to review Regional Board's wastewater discharge permit was discretionary, trial court's order requiring State Board to investigate unreasonable wastewater use was improper. 		Administrative Agencies 2DCA/1 Jun. 6, 2023
Kanter v. Reed
Plaintiff shareholders could not adequately show that board of directors failed to make a good faith effort to implement an oversight system for its storage facility that later experienced a gas leak. 		Securities 2DCA/5 Jun. 6, 2023
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.