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
In re Google Referrer Header Privacy Litigation
Relationship between cy pres recipients and class counsel’s alma maters does not warrant reversal of approval of cy press only settlement in Google privacy class action. 		Civil Procedure 9th Aug. 23, 2017
Miller v. City of Portland
Plaintiff in a 42 U.S.C. Section 1983 action is entitled to attorney’s fees where plaintiff accepted a Rule 68 offer which plainly stated that plaintiff would receive reasonable attorney’s fees. 		Civil Procedure 9th Aug. 23, 2017
Montanore Minerals Corp. v. Bakie
District court abuses discretion in failing to stay federal case in deference to pending state court proceedings. 		Civil Procedure 9th Aug. 17, 2017
Williby v. Aetna Life Insurance Co.
In ERISA action, review of plan administrator’s denial of short-term disability benefits to Boeing’s employee under wrong standard warrants remand. 		Civil Procedure 9th Aug. 16, 2017
Sviridov v. City of San Diego
In wrongful termination action, city-employer properly awarded costs where plaintiff rejects multiple settlement offers and fails to obtain more favorable result. 		Civil Procedure 4DCA/1 Aug. 16, 2017
PGA West Residential Association Inc. v. Hulven International Inc.
Demurrer improperly overruled, where allegedly fraudulent acts are governed by Uniform Fraudulent Transfer Act’s seven year statute of repose. 		Civil Procedure 4DCA/2 Aug. 11, 2017
Ayala v. Dawson
Collateral estoppel bars tenant from asserting fraud claim in action filed against landlord because it was identical to his fraud defense in unlawful detainer action. 		Civil Procedure California Courts of Appeal Aug. 7, 2017
Goncalves v. Rady Childrens Hospital San Diego
In resolving dispute over whether insured’s motion to expunge insurance carrier’s subrogation lien is properly in state or federal court, remand reversed because action properly filed in federal court. 		Civil Procedure 9th Aug. 3, 2017
Kaiser Foundation Health Plan Inc. v. Superior Court (Prime Healthcare La Palma LLC)
Judgment confirming arbitration panel’s partial final award is not appealable, resulting in peremptory writ of mandate directing trial court to vacate judgment. 		Civil Procedure California Courts of Appeal Aug. 2, 2017
Mull v. Motion Picture Industry Health Plan
Reimbursement, recoupment provisions outlined in Summary Plan Description are part of ERISA plan by ‘clear design’ and district court errs in concluding otherwise. 		Civil Procedure 9th Aug. 2, 2017
Rush v. White Corp.
Trial court does not abuse its discretion in granting defendants’ motion for summary judgment based on plaintiffs’ non-complying separate statement. 		Civil Procedure California Courts of Appeal Aug. 1, 2017
Ewald v. Nationstar Mortgage LLC
Due to counsel’s ‘egregious violations of basic appellate norms’ with respect to duty to properly brief case, judgment in defendant’s favor affirmed without discussion of merits. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
Conroy v. Wells Fargo Bank
'Biakanja’ test for determining duty of care is inapplicable where a contractual relationship exists. 		Civil Procedure California Courts of Appeal Jul. 31, 2017
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. 		Civil Procedure California Courts of Appeal Jul. 28, 2017
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ 		Civil Procedure 9th Jul. 26, 2017
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603. 		Civil Procedure California Courts of Appeal Jul. 24, 2017
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’ 		Civil Procedure California Courts of Appeal Jul. 21, 2017
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required. 		Civil Procedure California Courts of Appeal Jul. 21, 2017
Lehman v. Nelson
Award in ERISA dispute involving allegedly illegally withheld employer contributions overturned where complaint failed to give requisite notice under FRCP 8(a)(2). 		Civil Procedure 9th Jul. 17, 2017
Alfaro v. Johnson
Habeas petitioner’s claim is barred where petitioner fails to exhaust available court remedies. 		Civil Procedure 9th Jul. 17, 2017
United States v. Sierra Pacific Industries Inc.
Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement. 		Civil Procedure 9th Jul. 14, 2017
Williams v. Superior Court (Marshalls CA LLC)
“Good cause” not required in order to gather information about potential PAGA action class members, where opposing party has burden to show relevancy of information requested. 		Civil Procedure CASC Jul. 14, 2017
Ayco Farms v. Ochoa
Not abuse of discretion for trial court to conduct forum non conveniens analysis by comparing proposed foreign forum with forum where state plaintiff brought claim, rather than with United States as a whole. 		Civil Procedure 9th Jul. 11, 2017
Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
In medical malpractice action, letter sent by plaintiff’s attorney stating intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent. 		Civil Procedure California Court of Appeal - 1st District Jul. 10, 2017
Seneca Insurance Co. Inc. v. Strange Land Inc.
Application of ‘Colorado River’ abstention inappropriate where insurance dispute was not ‘exceptional’ to warrant disregarding federal court’s ‘virtually unflagging obligation’ to exercise its jurisdiction. 		Civil Procedure 9th Jul. 6, 2017
International Brotherhood of Teamsters v. U.S. Department of Transportation
Court cannot properly review petitions challenging agency's decisions where an agency's actions are 'committed to agency discretion by law.' 		Civil Procedure 9th Jun. 30, 2017
City of Pasadena v. Superior Court
Plaintiff must file suit within six months from cause of action Under Government Code Section 911.2 where 'accrual' means 'ripeness' to sue. 		Civil Procedure California Court of Appeal Second District Jun. 28, 2017
SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
Fixed base operator unsuccessful in challenging city's decision to award lease and operating agreement to develop airport facilities to competitor. 		Civil Procedure California Courts of Appeal - 6th District Jun. 22, 2017
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. 		Civil Procedure Jun. 14, 2017
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.' 		Civil Procedure Jun. 12, 2017
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.