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. Ramos
Opinion
4DCA/1 Apr. 13, 2023
Thompson v. Spitzer
Dismissal of residents' challenge to Orange County DNA collection program was reversed because participants were not informed of how their DNA samples could be used before waiving their privacy rights.
Constitutional Law 4DCA/3 Apr. 13, 2023
In re Damian L.
Juvenile court could continue hearings beyond time limits within which they were required to be held but could not ignore statutory time limits on the provision of family reunification services.
Dependency 5DCA Apr. 13, 2023
In re T.A.
Transfer of minor from juvenile court back to court of criminal jurisdiction was proper where it was not plausible that the juvenile court's decision would have been any different had it applied the newly applicable standard of proof.
Juveniles 4DCA/2 Apr. 13, 2023
In re Robert F.
Under the Indian Child Welfare Act, duty to ask extended family members about child's possible Native American ancestry was not applicable because minor was placed in protective rather than temporary custody.
Dependency 4DCA/2 Apr. 13, 2023
Boydston v. Padilla
California's 2016 semi-closed presidential primary system survived a constitutional challenge because it minimally burdened unaffiliated voter and furthered the state's interest in orderly voting.
Constitutional Law 4DCA/1 Apr. 13, 2023
Modification: Castellanos v. State of California (Protect App-Based Drivers and Services)
Provisions defining what constituted an amendment to an initiative statute were unconstitutional as they intruded on both the Legislature's power as well as the Judiciary's authority to interpret the law.
Constitutional Law 1DCA/4 Apr. 13, 2023
York County v. HP Inc.
Stockholders' securities fraud violation complaint was not barred by statute of limitations when the SEC order that lead to the discovery of the gravamen of the complaint occurred within the two-year timeframe.
Securities 9th Apr. 12, 2023
Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice.
Civil Procedure 3DCA Apr. 11, 2023
People v. Thai
Requiring continued registration as a sex offender was an abuse of discretion where the prosecution presented no evidence that petitioner was currently a risk to the community.
Criminal Law and Procedure 4DCA/3 Apr. 12, 2023
County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate.
Environmental Law 3DCA Apr. 11, 2023
Olympic and Georgia Partners, LLC v. County of Los Angeles
County incorrectly assessed taxpayer's hotel because a subsidy from the city was an intangible asset that should have been deduced from the income assessment.
Tax 2DCA/8 Apr. 11, 2023
U.S. v. Ramos
District court judge did not need to specifically address defendant's evidentiary objections when it adopted, in full, the magistrate judge's reports and recommendations.
Criminal Law and Procedure 9th Apr. 11, 2023
The Oregon Clinic v. Fireman's Fund Insurance Company
Order
9th Apr. 11, 2023
Hacala v. Bird Rides, Inc.
Bird scooters owed a general duty of care to mother who tripped on the wheel of its scooter because an entity must use ordinary care in the management of its property.
Torts 2DCA/3 Apr. 11, 2023
Coast Restaurant Group, Inc. v. AmGUARD Insurance Company
Although government shutdown order due to COVID-19 caused direct physical loss of property, the loss was excluded from policy's coverage under other exclusions.
Insurance 4DCA/3 Apr. 11, 2023
Silk v. Bond
In a suit against an estate arising out of claims for breach of contract, federal jurisdiction was not barred by the probate exception.
Civil Procedure 9th Apr. 11, 2023
Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety.
Constitutional Law 9th Apr. 10, 2023
West Virginia v. B. P. J.
Order
USSC Apr. 10, 2023
People v. Carr
Defendant's motion to vacate his drunk driving murder conviction under changes to the felony murder rule was denied where his conviction was proof that he appreciated the risk of driving drunk.
Criminal Law and Procedure 4DCA/2 Apr. 10, 2023
Martinez v. City of Clovis
Under the Housing Element Law, city compliance to affirmatively further fair housing requirements was mandatory and required affirmative action to meet statutory obligations.
Government 5DCA Apr. 10, 2023
Nickson v. Shemran, Inc.
Order denying employer's motion to compel arbitration was incorrect because employee's individual Private Attorneys General Act claims could be arbitrated, while his nonindividual PAGA claims could not.
Arbitration 4DCA/1 Apr. 10, 2023
People v. Didyavong
Penal Code Section 1172.6--resentencing based on felony murder rule changes--does not have a mechanism to reduce a conviction from first degree murder to second degree murder.
Criminal Law and Procedure 4DCA/1 Apr. 10, 2023
Nijmeddin v. Superior Court (People)
Trial court erred in denying plaintiff's compassionate release since he did not pose an unreasonable risk of danger to the public as a wheelchair-bound 65-year-old with pancreatic cancer.
Criminal Law and Procedure 6DCA Apr. 7, 2023
Modification: Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence
Disability Discrimination 4DCA/1 Apr. 7, 2023
Michael G. v. Superior Court (Orange County Social Services Agency)
Juvenile court was not required to grant extension of reunification services even though services provided to a father by the Social Services Agency during an 18-month extension were not reasonable.
Dependency CASC Apr. 7, 2023
In re Ferrell
Reasonable jury could have found in favor of the defendant had it not been given erroneous jury instruction regarding legally invalid theory of murder.
Criminal Law and Procedure CASC Apr. 7, 2023
Modification: People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety.
Criminal Law and Procedure 3DCA Apr. 6, 2023
Ford Motor Warranty Cases
Court dismissed car manufacturer's equitable estoppel and agency principle arguments that as nonsignatory third-party, it could enforce dealers' arbitration agreement on consumers' breach of warranty claims.
Arbitration 2DCA/8 Apr. 6, 2023
People v. Jones
The trial court lost jurisdiction over the jurors when it erroneously told them they were excused from jury duty, rendering their later verdict a nullity.
Criminal Law and Procedure 1DCA/5 Apr. 6, 2023