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. O'Day
Lack of knowledge of possible remedy was not good cause to justify defendant's delay of over a decade in filing petition for finding of actual innocence.
Criminal Law and Procedure 1DCA/3 Nov. 21, 2022
People v. Monroe
Defendant's new sentence was vacated because trial court did not conduct full resentencing when it failed to apply all changes in the law that provided for judicial discretion regarding enhancements.
Criminal Law and Procedure 1DCA/2 Nov. 18, 2022
Smartt v. Kijakazi
In denying application for social security benefits, administrative law judge did not err in discounting opinion of treating physician, because "extreme limitations" described by physician were incompatible with objective medical evidence.
Administrative Agencies 9th Nov. 18, 2022
U.S. v. Nishida
Supervised release conditions unlawfully delegated to a probation officer the discretion as to whether to require inpatient or outpatient treatment.
Criminal Law and Procedure 9th Nov. 18, 2022
People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts.
Criminal Law and Procedure CASC Nov. 18, 2022
Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Violating a person's right to privacy may fall under general commercial liability insurance policy containing ambiguous provisions.
Insurance CASC Nov. 18, 2022
People v. Miranda-Guerrero
Defendant knowingly waived his *Miranda* rights with minimal answer despite his lack of education and broken English based on the totality of the circumstances.
Criminal Law and Procedure CASC Nov. 18, 2022
Apache Stronghold v. U.S.
Order
9th Nov. 18, 2022
Modification: Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road.
Real Property 2DCA/6 Nov. 21, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment.
Civil Procedure 4DCA/3 Nov. 17, 2022
Shoop v. Cunningham
Order
USSC Nov. 17, 2022
Farlow v. Kijakazi
Administrative law judge properly denied plaintiff's request for disability benefits since they cited specific medical evidence to contradict non-examining physician's medical opinion.
Administrative Agencies 9th Nov. 17, 2022
Borden v. EFinancial LLC
No violation of Telephone Consumer Protection Act when company used a random number generator to select numbers from a list to send text messages to.
Consumer Law 9th Nov. 17, 2022
Villalobos v. City of Santa Maria
No reasonable juror could find that police officers were negligent or had acted unreasonably in a shooting that resulted in the death of an individual who refused to drop a knife.
Civil Rights 2DCA/6 Nov. 17, 2022
Thompson v. County of Los Angeles
Denial of leave to amend was appropriate where amending complaint would be fruitless because plaintiff could not identify any mandatory duty that defendant public entity failed to discharge.
Torts 2DCA/8 Nov. 17, 2022
Hobbs v. City of Pacific Grove
City ordinance mandating a randomized lottery system to revoke short-term rental licenses did not violate procedural due process because it was a legislative action that involved no discretion or judgment.
Constitutional Law 6DCA Nov. 16, 2022
Prescott v. Santoro
Despite letters identifying other individuals as the shooter, considering the record as a whole meant petitioner could not meet burden of showing state court's denial of habeas petition was unreasonable.
Criminal Law and Procedure 9th Nov. 16, 2022
Atlantic Richfield Co. v. California Regional Water Quality
Substantial evidence supported the conclusion that a parent company exercised eccentric control over mining operations and thus was directly liable for pollution as an operator of a polluting facility owned by a subsidiary.
Environmental Law 3DCA Nov. 16, 2022
Punchbowl Inc. v. AJ Press LLC
Political news publication's use of the name "Punchbowl News" was a protected expressive work that did not infringe on a different "Punchbowl" trademark.
Intellectual Property 9th Nov. 15, 2022
San Antonio Winery Inc. v. Jiaxing Micarose Trade Co., Ltd.
Service procedures of Section 1051(e) of the Lanham Act, applicable to foreign trademark registration applicants, apply not only in administrative proceedings but also in trademark-related court proceedings.
Intellectual Property 9th Nov. 15, 2022
Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion.
Civil Rights 9th Nov. 15, 2022
Barclay v. Boskoski
Debtor was entitled to the maximum homestead exemption at the time he filed for bankruptcy, rather than the exemption amount at the time a judgment lien was recorded against the home.
Bankruptcy 9th Nov. 15, 2022
People v. Griffin
Where a defendant-appellant does not file a brief and the court's review does not reveal arguable issues, it should issue a short unpublished opinion affirming the trial court's decision for the benefit of defendant and counsel.
Criminal Law and Procedure 4DCA/2 Nov. 15, 2022
Fajardo v. Dailey
Summary judgment was inappropriate where there was no clear evidence regarding whether a sidewalk defect was trivial as a matter of law other than the size of a height differential.
Torts 2DCA/7 Nov. 14, 2022
In re Jhonny S.
Person who had received honorable discharge from Division of Juvenile Justice was entitled as a matter of right to have his petition dismissed.
Juveniles 1DCA/5 Nov. 14, 2022
Marriage of Blake & Langer
Court was not divested of jurisdiction to impose sanctions for frivolous motion to disqualify despite plaintiff voluntarily dismissing joinder complaint since motion concerned collateral issues separate from the complaint's merits.
Civil Procedure 2DCA/4 Nov. 14, 2022
People v. Garcia
Defendant's counsel did not have a reasonable opportunity to gather evidence for a California Racial Justice Act discovery motion since she had less than a week to prepare the motion.
Criminal Law and Procedure 1DCA/3 Nov. 14, 2022
Chinn v. Shoop
Order
USSC Nov. 14, 2022
Khorrami v. Arizona
Order
USSC Nov. 14, 2022
Clendening v. United States
Order
USSC Nov. 14, 2022