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
Garcia v. ConMed Corp.
Misconduct does not result in prejudice because it was not reasonably probable that plaintiff would have obtained more favorable verdict in absence of misconduct.
Civil Procedure Mar. 8, 2012
Steed v. Dept. of Consumer Affairs
Court properly declines to take judicial notice of minute order, which granted prior petition, and thus, plaintiff fails to carry burden under anti-SLAPP statute.
Civil Procedure Mar. 8, 2012
Nesson v. Northern Inyo County Local Hospital District
Lawsuit arising from challenge to hospital peer review activities constitutes official proceeding, which is subject to anti-SLAPP motion to strike.
Health Care Mar. 7, 2012
U.S. v. George
Order
Mar. 7, 2012
Kilgore v. KeyBank National Association
Arbitration clause in lender's promissory note is enforceable because California's rule against arbitration of public injunctive relief claims is preempted by federal law.
Civil Procedure Mar. 7, 2012
U.S. v. Whitney
Government breaches plea agreement by disclosing defendant’s admissions and urging imposition of sentence above low end of guidelines range.
Criminal Law and Procedure Mar. 7, 2012
Wagner v. County of Maricopa
Statements offered to establish decedent's state of mind are admissible where they were not offered to prove truth of underlying memory or belief.
Civil Procedure Mar. 7, 2012
People v. Wensinger
Double jeopardy bars defendant's conviction for making criminal threats where earlier trial found there was insufficient evidence that he made those threats.
Criminal Law and Procedure Mar. 7, 2012
State of Nevada v. Bank of America
Removal of attorney general enforcement action alleging violations of Nevada Deceptive Trade Practices Act is improper because of lack of federal question jurisdiction.
Business Law Mar. 6, 2012
Oyeniran v. Holder
Collateral estoppel binds BIA to prior determination that alien presented sufficient evidence under Convention Against Torture based on violence due to religious differences.
Immigration Mar. 6, 2012
Klestadt & Winters LLP v. Cangelosi
District court's sanction order is not appealable final decision because more flexible jurisdictional principles do not apply to district judges sitting in bankruptcy.
Bankruptcy Mar. 6, 2012
Willard v. AT&T Communications of California Inc.
Judicial review of telephone company's fees for nonpublished and unlisted services is inappropriate because court would be required to consider complex economic policy.
Business Law Mar. 6, 2012
Duran v. U.S. Bank National Association
Use of representative sampling of class members in class action suit limits defendant's ability to prove affirmative defense and thus, violates due process.
Civil Procedure Mar. 6, 2012
John Crane Inc. v. Atwell
Order
Mar. 5, 2012
Griffin Wheel Co. v. Harris
Order
Mar. 5, 2012
Martel v. Clair
District court properly rejects defendant's substitution motion because motion came after proceedings had closed and new attorney could not have done anything.
Criminal Law and Procedure Mar. 5, 2012
U.S. v. Lequire
Insurance agency treasurer cannot be guilty of embezzling where funds commingled were not held in trust, and agency merely had contractual obligations.
Insurance Mar. 5, 2012
USA v. Loughner
Hospital's decision to administer involuntary medication does not violate defendant's substantive due process rights because defendant was danger to himself and others.
Criminal Law and Procedure Mar. 5, 2012
In re Lucas
Although regulation’s ‘good cause’ definition in sexually violent predator evaluation proceeding is invalid, court’s reliance on regulation was excusable good faith mistake.
Criminal Law and Procedure Mar. 5, 2012
Asahi Kasei Pharma Corp. v. Cotherix Inc.
Cartwright Act do not apply to merger and where complaint does not allege any pre-merger conspiracy acts in violation of Act.
Antitrust Mar. 5, 2012
Jeffrey Kavin Inc. v. Frye
Lessees are not bound to purported exercise of option signed by co-lessee under direction of lessor, and not in manner designated under contract.
Contracts Mar. 5, 2012
Kurwa v. Kislinger
Doctor breaches fiduciary duty to business partner where he induces clients to terminate contracts and enter into exclusive agreements with his corporation.
Business Law Mar. 5, 2012
Stockton Teachers Association CTA/NEA v. Stockton Unified School Disitrict
Teachers must be treated as probationary employees where there was no evidence that they were terminated at expiration of categorically funded project.
Education Mar. 4, 2012
D.C. v. Oakdale Joint Unified School District
In tort claim action against school district, document that did not include date of board’s rejection is insufficient to give petitioner notice.
Torts Mar. 4, 2012
San Luis & Delta-Mendota Water Authority v. United States
U.S. Dept. of Interior’s exercise of discretion in treating water releases from central valley reservoirs as ‘non-fishery actions’ is proper.
Environmental Law Mar. 4, 2012
City of Lake Forest v. Evergreen Holistic Collective
City may not prohibit medical marijuana dispensaries altogether, with caveat that Legislature authorized dispensaries at sites where marijuana is collectively cultivated.
Government Mar. 1, 2012
County of San Bernardino v. WCAB
Employee may not recover benefits based on physical manifestations of effects of stress suffered at work caused by good faith personnel actions.
Workers' Compensation Mar. 1, 2012
Global Hawk Insurance Co. v. Century-National Insurance Co.
Insurer of interstate trucking company must reimburse sanitation company's insurer for uninsured motorist benefits it paid to its insured's employee.
Insurance Mar. 1, 2012
Hernandez (Jesus) on Habeas Corpus
Order
Mar. 1, 2012
Merrill v. Leslie Controls
Order
Mar. 1, 2012