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...

    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
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Mar. 13, 2013
O’Donnell v. Tristar Esperanza Properties LLC (Tristar Esperanza Properties LLC)
Judgment obtained by former member of limited liability company is subject to mandatory subordination provision of Bankruptcy Code.
Bankruptcy Mar. 12, 2013
Appel v. Superior Court (Webcor Construction Inc.)
In dispute over mechanic's lien, contract for construction work may be taken into account even where property owners were not party to contract.
Real Property Mar. 12, 2013
Sofa Entertainment Inc. v. Dodger Productions Inc.
Use of seven-second clip of ‘The Ed Sullivan Show’ in hit musical ‘Jersey Boys’ constitutes fair use defeating copyright infringement claim.
Intellectual Property Mar. 12, 2013
Marcos B., a Minor
Police officer must reveal exact location from which he observed minor engaging in drug sales to support his allegation that minor possessed narcotics for sale.
Juveniles Mar. 11, 2013
U.S. v. King
Police may conduct suspicionless search of probationer's residence when he had agreed to be subject to warrantless searches as probation condition.
Criminal Law and Procedure Mar. 11, 2013
U.S. v. Cotterman
Comprehensive forensic search of computer performed 170 miles from U.S. border, which revealed child pornography images, is reasonable under Fourth Amendment.
Criminal Law and Procedure Mar. 11, 2013
Gonzalez-Cervantes v. Holder
California conviction for misdemeanor sexual battery constitutes a 'crime of moral turpitude' for immigration purposes.
Immigration Mar. 11, 2013
Tomatoes Extraordinaire Inc. v. Berkley
Produce supplier cannot invoke Perishable Agricultural Commodities Act against company absent proof that company qualified as ‘dealer’ as defined under Act.
Business Law Mar. 11, 2013
People v. Wilkins
Instructional error causes reversal of first-degree murder conviction of defendant who burglarized a stove, which later fell from his truck, killing another driver.
Criminal Law and Procedure Mar. 8, 2013
Walker v. Martel
Counsel’s failure to object to placement of leg restraint on defendant at trial does not warrant reversal of murder conviction because failure did not affect outcome of case.
Criminal Law and Procedure Mar. 8, 2013
Corns v. Laborers International Union of North America
International union may impose organizing fee on affiliated local labor organizations where fee was approved by vote of delegates at general convention.
Labor Law Mar. 8, 2013
Bell v. City of Boise
City of Boise must face homeless individuals’ lawsuit alleging police officers enforced local camping and sleeping ordinances in violation of Eighth Amendment.
Civil Rights Mar. 8, 2013
People v. Hendrix
Defendant’s conviction for violently resisting police officer is improper where prior incidents of his encounters with police were incorrectly admitted into evidence.
Criminal Law and Procedure Mar. 8, 2013
MinCal Consumer Law Group v. Carlsbad Police Dept.
Law firm may not appeal decision upholding police department's refusal to provide records of identity theft incidents occurring nine months before request date.
Government Mar. 8, 2013
J.A. v. Superior Court (Butte County Dept. of Employment and Social Services)
Juvenile court may not deny reunification services for father based on statute that only applies to cases involving siblings because no siblings were involved.
Juveniles Mar. 8, 2013
Zamora v. Lehman
Bankruptcy trustee’s claim against former executive is time-barred because trustee failed to give notice within one year pursuant to parties’ employment agreement.
Employment Law Mar. 8, 2013
Vivian v. Labrucherie
Ex-husband's claim alleging ex-wife's statements to his employer breached their settlement agreement fails because they were made during internal investigation.
Contracts Mar. 8, 2013
People v. Vega
Gang member must receive sentence enhancement for both firearm use and inflicting great bodily injury in shooting of rival gang member.
Criminal Law and Procedure Mar. 8, 2013
Jolley v. Chase Home Finance LLC
Borrower may pursue breach of contract and related claims against bank in construction loan dispute after bank purchased loan commitments from failed bank.
Banking Mar. 8, 2013
People v. Powell
Conviction for theft by false pretense is overturned where defendant was initially charged with robbery for allegedly taking money during smuggling transaction.
Criminal Law and Procedure Mar. 7, 2013
Alaska Rent-A-Car Inc. v. Avis Budget Group Inc.
Rental car company licensee may sue rental car company licensor for violating settlement agreement by operating rival company within licensed territory.
Contracts Mar. 7, 2013
Libertarian Party of Los Angeles County v. Bowen
Political party may challenge statutes requiring persons appointed to gather signatures for candidates to reside in county where signatures are gathered.
Civil Rights Mar. 7, 2013
People v. Wooten
Attempted rapist, who forced victim to perform oral sex, then attempted to kill her, may be given same sentence enhancement for both crimes.
Criminal Law and Procedure Mar. 7, 2013
Borikas v. Alameda Unified School District
School district's parcel tax is invalid where it imposes different tax rates for residential and commercial properties.
Taxation Mar. 7, 2013
Garrett v. Howmedica Osteonics Corp.
Metallurgist’s declaration that prosthetic device was softer than ‘minimum required hardness’ creates triable issues of fact as to whether prosthesis was defective.
Torts Mar. 7, 2013
People v. Perez
Juvenile's sentence of 30 years to life following conviction for molesting children is not cruel and unusual where he will be eligible for parole at age 47.
Juveniles Mar. 6, 2013
Orange County's Credit Union v. Garcia (In re Garcia)
California's wildcard exemption may be used to exempt luxury car from bankruptcy because exemption may apply to exempt up to $18,350 in any property.
Bankruptcy Mar. 6, 2013
U.S. v. Brizan
Wife may not withdraw guilty plea to charge based on concealment of husband's drug trafficking when she waived her right to appeal in plea agreement.
Criminal Law and Procedure Mar. 6, 2013
Natural Resources Defense Council v. Salazar
Order
Mar. 6, 2013