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
Palomar Medical Center v. Sebelius
Order
Mar. 14, 2012
Otay Land Co. v. United Enterprises Ltd.
When suit is dismissed for lack of jurisdiction, district court's award of ‘just costs’ should be based on what is most fair and equitable under totality of circumstances.
Civil Procedure Mar. 14, 2012
Turtle Island Restoration Network v. U.S. Dept. of Commerce
Consent decree between environmental groups and federal agencies regarding fishery management does not violate federal law because law does not impede parties’ ability to settle.
Environmental Law Mar. 14, 2012
Alliance for the Wild Rockies v. Salazar
Statute calling for removal of distinct population of gray wolves from Endangered Species Act protections, without regard to any statute, must be enforced.
Environmental Law Mar. 14, 2012
In re Young
Denial of parole violates due process because consideration of factors was inadequate and reasons were not supported by evidence indicating current dangerousness.
Criminal Law and Procedure Mar. 14, 2012
People v. Cravens
Court finds sufficient evidence to support conviction for second degree murder on implied malice theory where defendant sucker punched victim, causing death.
Criminal Law and Procedure Mar. 14, 2012
Tri-State Inc. v. Long Beach Community College District
Public entity is not entitled to attorney fees against stop notice claimant where Civil Code Section 3186 did not authorize award.
Government Mar. 13, 2012
Shannahan v. IRS
Under Freedom of Information Act, disclosure of tax-related documents is properly refused where plaintiffs fled United States to avoid criminal proceedings for tax fraud.
Government Mar. 13, 2012
U.S. v. King
Although police lacked reasonable suspicion to conduct search, suppression of evidence is not required due to probation condition allowing warrantless searches.
Criminal Law and Procedure Mar. 13, 2012
Taiheiyo Cement U.S.A. Inc. v. Franchise Tax Board
Taxpayer fails to show it comes squarely within statute expressly authorizing tax credit in connection with purchases used in area designated as enterprise zone.
Taxation Mar. 13, 2012
DeWitt v. Monterey Insurance Co.
Trial court correctly refuses to instruct jury on elements of bad faith claim based on refusal to settle where plaintiff failed to establish insurer owed duty to defend.
Insurance Mar. 13, 2012
Anderson v. Holder
Petitioner born in England out of wedlock is United States citizen because he is undisputed natural child of United States citizen.
Immigration Mar. 12, 2012
U.S. v. Ressam
Millennium Bomber’s 22-year sentence is unreasonable where it represented great departure from guidelines and was based on sentencing court’s overvaluation of cooperation.
Criminal Law and Procedure Mar. 12, 2012
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings.
Civil Procedure Mar. 12, 2012
Horne v. United States Dept. of Agriculture
Raisin reserve requirements, which required raisin handlers to contribute to reserve pool, do not constitute unlawful taking in violation of Fifth Amendment.
Government Mar. 12, 2012
Skydive Arizona Inc. v. Quattrocchi
In Lanham Act case, district court abuses discretion by doubling actual damages award based on intent to punish defendant's willful conduct.
Intellectual Property Mar. 12, 2012
Peter-Palican v. Government of the Commonwealth of the Northern Marianas Islands
Order
Mar. 12, 2012
Bates v. Presbyterian Intercommunity Hospital Inc.
Defendants can recover costs from plaintiff despite implied preclusion of award of attorney fees to prevailing defendants under Elder Protection Act.
Torts Mar. 12, 2012
K.G. v. Meredith
Public guardian’s purported change in procedures, without showing that changes are responsive to issues petitioner raised, does not render conservatee’s petition moot.
Conservatorship Mar. 11, 2012
Conner v. Heiman
District court should decide issue of qualified immunity when material, historical facts are not in dispute, rather than reserving issue for jury.
Civil Rights Mar. 11, 2012
Consolidated Irrigation District v. City of Selma (Raven)
In CEQA proceeding, court's decision to augment record is proper under substantial evidence test even if declaration supporting documents is contradicted.
Environmental Law Mar. 11, 2012
Ashton R., a Minor
Juvenile court lacks jurisdiction to order sibling visitation, to be paid for by sibling’s father, following dismissal of dependency petition over father’s child.
Juveniles Mar. 8, 2012
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Proposed construction of dwelling does not qualify for categorical exemption from California Environmental Quality Act because its size creates 'unusual circumstances.'
Environmental Law Mar. 8, 2012
C.A. v. William S. Hart Union High School District
School district may be vicariously liable for negligence of administrators in hiring, supervising, and retaining employees due to special relationship between district and students.
Torts Mar. 8, 2012
People v. Manzo
Conviction for willful discharge of firearm at occupied vehicle stands where defendant stood outside vehicle and gun crossed vehicle’s threshold.
Criminal Law and Procedure Mar. 8, 2012
People v. Horvath
Aggravated mayhem convictions are proper given that specific intent to maim victim's body parts could be inferred from systematic abuse over time.
Criminal Law and Procedure Mar. 8, 2012
Cruz v. International Collection Corp.
Collection letters sent by debt collectors are false and misleading because they added interest and fees not permitted by Nevada law.
Business Law Mar. 8, 2012
Pizzuto v. Blades
Defendant is not entitled to file successive motion for habeas relief alleging judicial misconduct where claim was also presented in prior application.
Criminal Law and Procedure Mar. 8, 2012
People v. Kunath
If concurrent sentences are imposed for unrelated crimes, defendant is entitled to presentence credits on each sentence where he is not also in postsentence custody for other crime.
Criminal Law and Procedure Mar. 8, 2012
Sanchez v. Brooke
Under workers’ compensation law, employer must pay injured employee’s medical expenses in full and employee is not liable for any unpaid balance.
Workers' Compensation Mar. 8, 2012