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

REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
Kincaid v. Kincaid
Transcript of recorded conversation, during which defendant stated he could not remember whether he had abused his stepdaughter, is admissible as adoptive admission.
Civil Procedure Aug. 12, 2011
Plancich v. United Parcel Service Inc.
In action for overtime compensation, Labor Code Section 1194 does not preclude prevailing employers from recovering costs.
Civil Procedure Aug. 12, 2011
Foust v. San Jose Construction Co. Inc.
Court refuses to reconsider appeal where appellant fails to carry burden of providing record on appeal or any prejudicial error.
Civil Procedure Aug. 11, 2011
Brandt v. American Bankers Insurance Co. of Florida
Finding of defendant’s culpability allows, but does not require, court to deny defendant’s motion to set aside default judgment.
Civil Procedure Aug. 11, 2011
Boschma v. Home Loan Center Inc.
Borrowers adequately plead material facts for fraud where loan documents fail to clearly state that payments under schedule would definitely result in negative amortization.
Civil Procedure Aug. 11, 2011
Pitts v. Terrible Herbst Inc.
Defendant’s unaccepted offer to satisfy individual claim made before plaintiff filed motion for class certification does not moot case, if plaintiff may still file timely motion.
Civil Procedure Aug. 10, 2011
CollegeSource Inc. v. AcademyOne Inc.
Non-resident corporation, which maintained college course catalogs on websites, is subject to specific personal jurisdiction based on misappropriation of catalogs from competing website.
Civil Procedure Aug. 9, 2011
Mavrix Photo Inc. v. Brand Technologies Inc.
Non-resident defendant is subject to specific personal jurisdiction where website’s intentional reposting of allegedly infringing photos was aimed at forum state.
Civil Procedure Aug. 9, 2011
Powell v. County of Orange
Motion asking trial court to decide same matter previously ruled on constitutes motion for reconsideration, which is not appealable following order of denial.
Civil Procedure Aug. 9, 2011
K2 America Corp. v. Roland Oil & Gas LLC
Federal jurisdiction does not exist over lawsuit alleging only state law claims, despite dispute involving lands held by government in trust for Indian allottees.
Civil Procedure Aug. 8, 2011
Cross v. Cooper
Court errs in denying defendant’s anti-SLAPP motion in light of prima facie showing that disclosure of sex offender’s location is protected speech affecting public.
Civil Procedure Aug. 5, 2011
Giorgianni v. Crowley
Under Mandatory Fee Arbitration Act, attorney properly rejects arbitration award by filing request in small claims court for unpaid fees.
Civil Procedure Aug. 5, 2011
Edna Valley Watch v. County of San Luis Obispo
Prevailing party is entitled to fees incurred in administrative proceedings that were useful and necessary to public interest litigation.
Civil Procedure Aug. 3, 2011
Dept. of Fish and Game v. Superior Court (Adams)
Trial court applies incorrect legal criteria and makes erroneous legal assumptions in determining whether common issues predominate for purposes of class certification.
Civil Procedure Aug. 3, 2011
City of Woodlake v. Tulare County Grand Jury
Supporting affidavit of good cause is not required when grand jury seeks records of public agency to which it has been given express statutory access.
Civil Procedure Aug. 2, 2011
Musaelian v. Adams
Under Code of Civil Procedure Section 128.7, attorney fees for costs in opposing motion for sanctions are not warranted where motion was unsuccessful, but not frivolous.
Civil Procedure Aug. 1, 2011
Blumberg v. Superior Court (Los Angeles County Sheriff's Dept.)
Court may order discovery of peace officer records related to events that occurred after conviction where defendant obtained new trial via habeas relief.
Civil Procedure Aug. 1, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 29, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute.
Civil Procedure Jul. 28, 2011
Ingram v. Oroudjian
In determining awards of attorney fees, judges may rely on their own knowledge of customary rates and experience concerning reasonable and proper fees.
Civil Procedure Jul. 28, 2011
Van Dusen v. U.S. District Court (Swift Transportation Co. Inc.)
District court, as opposed to arbitrator, should resolve claim of exemption from arbitration under Section 1 of Federal Arbitration Act before compelling arbitration.
Civil Procedure Jul. 28, 2011
Toyota Motor Corp. v. Superior Court (Stewart)
Court may not compel Japanese residents to attend depositions in California due to residency limitation in Code of Civil Procedure Section 1989.
Civil Procedure Jul. 28, 2011
Cabrera v. Alam
Anti-SLAPP motion to strike defamation claim should be granted where statements regarding candidates at homeowners' association meeting were protected activity.
Civil Procedure Jul. 28, 2011
Cape Flattery Limited v. Titan Maritime LLC
Parties may agree to apply non-federal arbitrability law only where clear and unmistakable evidence shows such intent.
Civil Procedure Jul. 27, 2011
Citizens for Balanced Use v. Montana Wilderness Association
Conservation groups have right to intervene in action challenging agency’s interim order issued pursuant to prior litigation brought by groups.
Civil Procedure Jul. 27, 2011
Conservation Force v. Salazar
Civil Asset Forfeiture Reform Act claim is barred from judicial review because plaintiffs chose to file petitions for remission, which were denied.
Civil Procedure Jul. 25, 2011
Quantum Cooking Concepts Inc. v. LV Associates Inc.
Court properly relies on failure to comply with court rule requiring motions to be supported by memoranda in denying post-trial motions.
Civil Procedure Jul. 22, 2011
Bailey v. Brewer
Denial of anti-SLAPP motion is proper where cease and desist letter did not constitute protected speech because it was not made in anticipation of litigation.
Civil Procedure Jul. 20, 2011
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 20, 2011
Dreith v. Nu Image Inc.
Defendants’ failure to comply with numerous court orders constitutes misconduct sufficiently egregious to cause court to enter order of default.
Civil Procedure Jul. 20, 2011