For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424.

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
People v. Consiglio
Trial court improperly substituted its personal belief that an elderly defendant continued to be a sexually violent predator despite a contrary evaluation from a Department of State Hospitals psychologist. 		Criminal Law and Procedure 4DCA/1 Dec. 20, 2022
People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Dec. 19, 2022
People v. Burgess
Neither the trial nor the appellate court had jurisdiction over defendant-appellant's freestanding motion to vacate his sentence filed after his conviction was final and he had begun serving his sentence. 		Criminal Law and Procedure 1DCA/3 Dec. 19, 2022
Salguero Sosa v. Garland
Board of Immigration Appeals erred by failing to conduct cumulative-effect review when assessing asylum seeker's evidence of past persecution. 		Immigration 9th Dec. 19, 2022
Suski v. Coinbase Inc.
Where two agreements conflicted as to whether claims would be submitted to arbitration, the issue was one of contract formation, which was for the court--not an arbitrator--to decide. 		Arbitration 9th Dec. 19, 2022
People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Dec. 19, 2022
People v. Arellano
After dismissing a murder charge under Penal Code Section 1170.95, a court may not include count-specific enhancements for the previously dismissed underlying felony convictions unless specifically established at the hearing. 		Criminal Law and Procedure 6DCA Dec. 19, 2022
Modification: Save Lafayette v. City of Lafayette
Multi-family housing development project application that was deemed completed in 2011 could be resumed and approved years later, despite the area being currently zoned for only single-family homes. 		Municipal Law 1DCA/3 Dec. 19, 2022
People v. Castro
Warrantless vehicle search was justified by probable cause where subject vehicle smelled of marijuana and officer knew occupants were not old enough to legally possess recreational marijuana. 		Criminal Law and Procedure 2DCA/1 Dec. 16, 2022
Beco v. Fast Auto Loans, Inc.
Arbitrator's ability to decide threshold issue of arbitrability requires clear and unmistakable language in the arbitration agreement. 		Arbitration 4DCA/3 Dec. 16, 2022
Modification: People v. Velez
Supreme Court's finding New York's gun carrying licensing statutes unconstitutional did not foreclose California defendant's retrial on a charge of carrying a loaded firearm in public as an active participant in a criminal street gang. 		Criminal Law and Procedure 5DCA Dec. 16, 2022
Thai v. Richmond City Center, L.P.
Trial court erred by granting plaintiff's motions to compel compliance with subpoenas seeking partnership's consumer records because the motions were brought under the wrong section of the Code of Civil Procedure and were untimely. 		Civil Procedure 4DCA/3 Dec. 16, 2022
Johnson v. Ryan
Prison's annual review of inmate's maximum confinement status, based on his gang membership, satisfied due process requirements. 		Criminal Law and Procedure 9th Dec. 16, 2022
Save North Petaluma River and Wetlands v. City of Petaluma
Environmental impact report properly analyzed impacts to special status species because it was based on facts and expert opinion and amply demonstrated the analytic route from such evidence to environmentally significant action. 		Environmental Law 1DCA/3 Dec. 15, 2022
Akhlaghpour v. Orantes
Former Chapter 11 debtor-in-possession may have standing to pursue malpractice claims for actions taken by debtor's court-appointed counsel after trustee was appointed and ended counsel's court-appointed status. 		Bankruptcy 2DCA/7 Dec. 15, 2022
People v. Johnson
Sentencing enhancement for defendant's arson charge was affirmed because whiskey she attempted to use to burn an ex's house was a considered a "device designed to accelerate the fire." 		Criminal Law and Procedure 1DCA/1 Dec. 15, 2022
People v. Superior Court (Mendez)
Trial court erred in dismissing charges based on erroneous conclusion that magistrate made a factual finding in stating there was insufficient evidence. 		Criminal Law and Procedure 4DCA/2 Dec. 15, 2022
U.S. v. Wells
Because Mandatory Victims Restitution Act creates statutory requirements for garnishing earnings, All Writs Act could not be used to order garnishment of higher percentage of payments from defendant's retirement and disability benefits. 		Criminal Law and Procedure 9th Dec. 15, 2022
Amended Opinion: Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims. 		Constitutional Law 9th Dec. 15, 2022
In re Adrian L.
Department of Children and Family Services' failure to inquire with newborn's extended family about potential Indian ancestry was not prejudicial because there was no information suggesting the child was Indian. 		Dependency 2DCA/1 Dec. 15, 2022
AIDS HealthCare Foundation v. City of Los Angeles
Though lawsuit involved the Political Reform Act, Government Code Section 65009's statute of limitation applied to case involving decisions made by investigated Los Angeles City's planning and land use management committee members. 		Civil Procedure 2DCA/7 Dec. 15, 2022
American Chemistry Council v. Dept. of Toxic Substances Control
The Department of Toxic Substances Control has authority to list spray foam systems as a priority product that may be considered a chemical of concern under the Green Chemistry law. 		Environmental Law 5DCA Dec. 14, 2022
In re A.C.
Welfare department's failure to ask a non-relative extended family member caring for dependent child or extended known family members about Indian heritage, as required by the Indian Child Welfare Act, constituted reversible error. 		Dependency 2DCA/5 Dec. 14, 2022
Amended Opinion: Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. 		Immigration 9th Dec. 14, 2022
Seto v. Szeto
Statute of limitations to bring action to trial was tolled during time plaintiffs' waited for defendants to meet agreement conditions. 		Civil Procedure 1DCA/4 Dec. 14, 2022
Modification: JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act. 		Civil Procedure 1DCA/4 Dec. 14, 2022
Consumer Financial Protection Bureau v. Aria
Advising prospective college students on financial aid was offering financial services to consumers such that the person providing the advice was covered by the Consumer Financial Protection Act. 		Consumer Law 9th Dec. 14, 2022
E-Commerce Lighting, Inc. v. E-Commerce Trade LLC
Where existence of right to setoff was submitted to arbitrator as a contested issue, trial court could not correct arbitrator's award to remove offset without affecting the decision's merits. 		Arbitration 4DCA/2 Dec. 13, 2022
In re D.N.
Order offering minor ward of the court option to perform community service did not violate separation of powers or due process principles because it fell within probation department's statutory role. 		Juveniles CASC Dec. 13, 2022
People v. Maldonado
Defendant's first degree murder sentence was reversed because jury instructions permitted the jury to impute malice based on defendant's participation in the murder. 		Criminal Law and Procedure 1DCA/5 Dec. 12, 2022
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.