For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

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
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles. 		Civil Procedure 2DCA/6 Jan. 14, 2020
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments. 		Civil Procedure 2DCA/8 Jan. 10, 2020
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal. 		Civil Procedure 1DCA/4 Jan. 9, 2020
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests. 		Civil Procedure 2DCA/8 Jan. 7, 2020
U.S. ex rel. Volkhoff v. Janssen Pharmaceutica
Courts will grant nonparty appeals only if the nonparty participates in district court proceedings and the equities of the case favor hearing an appeal. 		Civil Procedure 9th Jan. 6, 2020
Halyard Health, Inc. v. Kimberly-Clark Corporation
A claim must relate to the defendant's contact with the forum in order for a California court to exercise specific personal jurisdiction; mere sales volume is not enough. 		Civil Procedure California Courts of Appeal Jan. 6, 2020
U.S. v. Mayea-Pulido
Statute barring derivative citizenship from child under 18 unless both parents naturalize does not violate Equal Protection Clause. 		Civil Procedure 9th Jan. 6, 2020
Safechuck v. MJJ Productions, Inc.
Plaintiffs may proceed with formerly lapsed sexual assault case against perpetrator's corporations because Penal Code Section 340 revived in 2020, extending victim's time to sue. 		Civil Procedure 2DCA/8 Jan. 6, 2020
Becerra v. Dr Pepper/Seven Up
Dr. Pepper not in violation of Consumer Fraud by labeling sodas 'diet' because reasonable consumers understand 'diet' soda does not promise weight loss or health benefits. 		Civil Procedure 9th Dec. 31, 2019
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
Court's findings in connection with plaintiffs' equitable claim for unfair competition resolved plaintiffs' legal claims because the alleged violations of the legal claims were subsumed within the UCL claim. 		Civil Procedure 1DCA/4 Dec. 30, 2019
V.V.V. & Sons Edible Oils v. Meenakshi Overseas
The Trademark Trial and Appeal Board's jurisdiction is limited to registering trademarks; subsequent infringement claims are not barred by claim preclusion even if previously litigated before the TTAB. 		Civil Procedure 9th Dec. 30, 2019
Cacho v. Eurostar, Inc.
Class certification denied for shoe store employees who alleged wage and labor violations because evidence did not show the claims were typical to the class. 		Civil Procedure 2DCA/7 Dec. 27, 2019
Gordon v. ARC Manufacturing, Inc.
Primary assumption of risk doctrine not available to defendant because no relationship existed between defendant and professional roofer who fell during inspection. 		Civil Procedure 4DCA/1 Dec. 23, 2019
Smith v. LoanMe, Inc.
Privacy Act not violated when a phone conversation was recorded by loan business with non-consenting caller because statute only prohibits eavesdroppers from recording calls. 		Civil Procedure 4DCA/2 Dec. 23, 2019
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval. 		Civil Procedure 1DCA/3 Dec. 20, 2019
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations. 		Civil Procedure 4DCA/2 Dec. 20, 2019
Visalia Unified School Dist. v. Superior Court (Tulare)
Education Code 44114 protects reporting employees from retaliation but Government Code 818 still prohibits punitive damage suit against public school district. 		Civil Procedure 5DCA Dec. 19, 2019
Loeb v. County of San Diego
'Trail immunity' properly granted to County because injury occurred at County park being used for at least some recreational activity. 		Civil Procedure 4DCA/1 Dec. 18, 2019
Modification: Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates. 		Civil Procedure 1DCA/2 Dec. 17, 2019
Luke v. Sonoma County
The requirement that local governments obtain an actuarial statement before increasing pension payments is a one-time obligation; subsequent pension payments are not continuing violations that can overcome the three-year statute-of-limitations. 		Civil Procedure 1DCA/5 Dec. 16, 2019
Modification: ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation. 		Civil Procedure 1DCA/2 Dec. 16, 2019
ENA North Beach, Inc. v. 524 Union Street
Trial court erroneously granted motion for JNOV to reduce punitive damages rather than utilize Code of Civil Procedure Section 662.5, but affirmed reduction because plaintiff wished to avoid further litigation. 		Civil Procedure 1DCA/2 Dec. 13, 2019
Murphy v. SFBSC Management
District court erroneously applied presumption of fairness to settlement agreement and failed to investigate or adequately address numerous issues apparent in the settlement. 		Civil Procedure 9th Dec. 12, 2019
Rotkiske v. Klemm
Fair Debt Collection Practices Act statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. 		Civil Procedure USSC Dec. 11, 2019
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision. 		Civil Procedure 6DCA Dec. 11, 2019
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights. 		Civil Procedure 4DCA/2 Dec. 10, 2019
Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration. 		Civil Procedure 4DCA/1 Dec. 10, 2019
Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates. 		Civil Procedure 1DCA/2 Dec. 6, 2019
Painters and Allied Trades District Council 82 v. Takeda Pharmaceuticals
Plaintiffs satisfactorily alleged civil RICO standing in light of the proximate cause factors of 'Holmes v. Sec. Inv'r Prot. Corp.,' so the district court's dismissal of plaintiffs' RICO claims was erroneous. 		Civil Procedure 9th Dec. 4, 2019
Johnson v. Metro-Goldwyn Mayer Studios
District court adequately explained its decision to conduct its own lodestar calculation and apply a 25 percent cut to class counsel's hours in awarding less attorneys' fees than plaintiff requested. 		Civil Procedure 9th Dec. 3, 2019
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.