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
Lopez v. Allen
Trial counsel was not ineffective when failing to obtain firearm's acoustic expert because facts showed there was no reasonable probability that the outcome would be different even with its inclusion.
Criminal Law and Procedure 9th Sep. 6, 2022
U.S. v. Guerrero
Trooper's search of a tinted car containing 20,000 rounds of ammunition and hour-long detention of the suspect was supported by probable cause.
Constitutional Law 9th Sep. 6, 2022
Estate of Jones
Settlement agreement containing condition precedent regarding method of payment that never materialized was still enforceable because it contained an independent, enforceable promise to pay.
Contracts 1DCA/3 Sep. 6, 2022
In re Y.M.
Father's failure to show prejudice resulting from welfare agency's failure to carry out its duty of initial inquiry under the Indian Child Welfare Act meant order terminating his parental rights did not require reversal.
Dependency 4DCA/1 Sep. 6, 2022
People v. Garcia
Felony-murder conviction was upheld since petitioner was still considered the "actual killer" of a 82-year-old who died from an aggravated preexisting medical condition during the underlying robbery.
Criminal Law and Procedure 3DCA Sep. 6, 2022
2710 Sutter Ventures, LLC v. Millis
Landlord's termination of tenancy notice was defective when it failed to strictly comply with proper notice requirements under San Francisco's rent ordinance.
Real Property 1DCA/4 Sep. 2, 2022
Sarkany v. West
Under Code of Civil Procedure Section 995.240, trial courts have authority to waive the requirement for indigent litigants that a bond or undertaking be given to stay enforcement of a money judgment pending appeal.
Civil Procedure 1DCA/2 Sep. 1, 2022
24th & Hoffman Investors, LLC v. Northfield Ins. Co.
Insurer was not obliged to defend insured against tenants' lawsuit because tenants' claims were excluded under policy's provision excluding liability for violations of insured's duty of habitability.
Insurance 1DCA/3 Sep. 1, 2022
Vanegas v. City of Pasadena
No Fourth Amendment violation where probable cause existed to arrest defendant even though the basis for probable cause was not what defendant was arrested for.
Civil Rights 9th Sep. 1, 2022
Wright v. Alaska
The district court did not have jurisdiction in a habeas case because there was no sufficient nexus between failing to register as a sex offender in Tennessee and the Alaska sexual abuse conviction.
Criminal Law and Procedure 9th Sep. 1, 2022
Gonzalez-Castillo v. Garland
INTERPOL Red Notice lacking any specific factual allegations was insufficient to establish probable cause that asylum applicant had committed a serious non-political crime before arriving in the United States.
Immigration 9th Sep. 1, 2022
Simmons v. Arnett
Prison guard was entitled to qualified immunity because prisoner failed to satisfy his burden to show that the Eighth Amendment rights allegedly violated were clearly established.
Qualified Immunity 9th Sep. 1, 2022
Will Co., Ltd. v. Lee
Specific personal jurisdiction was established against Hong-Kong based video-hosting website when they profited from U.S. viewers, hosted the website in Utah and addressed U.S. legal compliance on their site.
Civil Procedure 9th Sep. 1, 2022
U.S. v. Latu
District court properly admitted statements made by assaulted inmate to his medical providers, as the statements fell within the hearsay exception for statements made for purposes of medical diagnosis or treatment.
Evidence 9th Sep. 1, 2022
W.B. Music Corp. v. Royce Intl. Broadcasting Corp.
District court acted within its broad discretion to prolong receivership to aid in execution of Copyright Act judgment, even though defendants claimed they had satisfied the judgment.
Remedies 9th Sep. 1, 2022
Saliba v. USSEC
Even though it had jurisdiction over other issues, the court lacked jurisdiction over issue SEC remanded because it was not a final order from which legal consequences would flow.
Securities 9th Sep. 1, 2022
Estate of El Wardani
Decedent's wife could not be the court-appointed administrator for her husband's estate since she lived full time in Mexico and was not a U.S. resident.
probate_and_trusts 4DCA/1 Sep. 1, 2022
People v. Cheatham
Although civil in nature, double jeopardy principles still apply to commitment extension proceedings.
Criminal Law and Procedure 3DCA Aug. 31, 2022
CoreCivic, Inc. v. Candide Group, LLC
Operator of private prisons' implied defamation theory failed because writer's articles could not reasonably be understood as implying that it detained children separated from their parents in its facilities.
Anti-SLAPP 9th Aug. 31, 2022
Manriquez v. Ensley
Officers were entitled to qualified immunity for Fourth Amendment violation stemming from failure to amend warrant to include judge's oral authorization expanding the warrant's scope.
Qualified Immunity 9th Aug. 31, 2022
Hawaii v. USEDU
The Randolph-Sheppard Act, requiring federal agencies to prioritize vendor contracts from blind individuals, applied to Army facilities' contracts for janitorial and custodial services.
Disability Discrimination 9th Aug. 31, 2022
Singh v. Garland
Board of Immigration Appeals erred in concluding petitioner's motion to reopen was foreclosed by prior adverse credibility determination because petitioner submitted new evidence independent of prior adverse credibility finding.
Immigration 9th Aug. 31, 2022
Perez v. Hibachi Buffet
Granting judgment notwithstanding the verdict was improper where a clear logical inference regarding spill's origin based on evidence offered at trial supported the verdict.
Torts 2DCA/8 Aug. 31, 2022
Fellowship of Christian Athletes v. San Jose Unified School District Board of Education
School district engaged in selective enforcement of non-discrimination policies against Christian club while exempting secular student groups that maintained facially discriminatory membership criteria, in violation of Free Exercise Clause.
Constitutional Law 9th Aug. 30, 2022
Romero-Millan v. Garland
Petitioner's Arizona conviction for use of or possession with intent to use drug paraphernalia was a conviction for a controlled substance offense that properly supported the order of removal against him.
Immigration 9th Aug. 30, 2022
In re PG&E Corp.
Unimpaired, unsecured creditors of solvent debtor possessed equitable right to postpetition interest at bargained-for rates, subject to any other equitable considerations, before debtor collected surplus value from bankruptcy estate.
Bankruptcy 9th Aug. 30, 2022
Amended Opinion: U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds.
Prisoners' Rights 9th Aug. 30, 2022
Amended Opinion: Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence.
Criminal Law and Procedure 9th Aug. 30, 2022
Hoffmann v. Young
Plaintiff who was invited motorcycle riding on the family property by defendants' live-in son could not impose premises liability on the parents since children are not automatically authorized to invite others onto the property.
Torts CASC Aug. 30, 2022
Geiser v. Kuhns
Although demonstration outside CEO's home implicated a private dispute, when considered in context, it could also be reasonably understood to implicate an issue of public interest as required for anti-SLAPP protection.
Anti-SLAPP CASC Aug. 30, 2022