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.
Read Today's Digital Edition
Place Your Legal Notices
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
Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. 		probate_and_trusts 3DCA Sep. 24, 2020
Modification: People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. 		Criminal Law and Procedure 2DCA/3 Sep. 24, 2020
People v. Xiong
Defendant's testimony regarding his cultural experience was relevant to his state of mind and tended to prove why he would have given false confession, but preclusion was harmless error. 		Criminal Law and Procedure 3DCA Sep. 24, 2020
People v. Redus
Evidence did not provide required link between appellant's ongoing mental illness and his purported difficulty in controlling his potentially dangerous behavior. 		Criminal Law and Procedure 1DCA/2 Sep. 24, 2020
People v. Oliver
Lack of victim's consent is not an element or affirmative defense of human trafficking an adult in violation of Penal Code Section 236.1(b). 		statutory_interpretation 4DCA/2 Sep. 24, 2020
McIntyre v. Eugene School District 4J
'Crux' of plaintiff's complaint sought relief for disability-based discrimination and harassment plaintiff faced at school; thus, she was not required to exhaust administrative remedies under Individuals with Disabilities Education Act. 		Disability Discrimination 9th Sep. 24, 2020
Modification: People v. Martinez
Where trial court revokes supervision and Legislature enacts ameliorative statute prior to or during pendency of appeal from revocation order, defendant is entitled to seek relief under new law. 		statutory_interpretation 2DCA/6 Sep. 24, 2020
Koussaya v. City of Stockton
Summary judgment in favor defendants was proper because there was no triable issue of fact regarding whether officers unreasonably fired at robber during a high-speed chase. 		Civil Procedure 3DCA Sep. 23, 2020
People v. Perez
Trial court can consider preliminary hearing testimony in determining as part of its second prima facie review under Penal Code Section 1170.95(c), whether petitioner has made showing he is entitled to relief. 		statutory_interpretation 2DCA/7 Sep. 23, 2020
McShannock v. JP Morgan Chase Bank
The Home Owners' Loan Act of 1933 and its implementing regulations preempted California's law requiring at least 2 percent interest payments on escrow accounts. 		Civil Procedure 9th Sep. 23, 2020
Allen v. Ives
Order 		9th Sep. 23, 2020
In re King
Proposition 57 does not exclude sex offender registrants from early parole consideration based on prior convictions, because early parole consideration must be based solely on present offense of conviction. 		Criminal Law and Procedure 4DCA/2 Sep. 22, 2020
Modification: Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass. 		Utilities 4DCA/2 Sep. 21, 2020
People v. Superior Court (Reagan)
District Attorney filed its Civil Procedure Section 170.6 motion more than ten days after notice of the assignment; thus, the peremptory challenge was untimely. 		Civil Procedure 2DCA/5 Sep. 21, 2020
People v. Kurianski
When parolee admits parole violation for specified sentence and expressly waives his right to preliminary and final parole hearings, he waives his statutory right to have preparation of written report. 		Criminal Law and Procedure 2DCA/2 Sep. 21, 2020
Oakland Bulk and Oversized Terminal, LLC v. City of Oakland
Defendant's anti-SLAPP motion had no merit because plaintiffs' complaint was not based on protected activity. 		Anti-SLAPP 1DCA/2 Sep. 21, 2020
People v. DeCasas
Trial court properly granted defendant's motion to dismiss petition under Sexually Violent Predator Act because it was filed 13 years ago and thus, deprived him of his due process right to speedy trial. 		Criminal Law and Procedure 2DCA/1 Sep. 21, 2020
Tinian Women Association v. U.S. Dept. of the Navy
Navy's deferral of consideration of cumulative impacts to a future environmental impact statement was not error. 		Environmental Law 9th Sep. 21, 2020
SEIU Local 121RN v. Los Robles Regional Medical Center
Pursuant to authority under 'Granite Rock Co. v. Int'l Bhd. Of Teamsters,' district court was responsible for whether grievance filed by plaintiff was arbitrable. 		Arbitration 9th Sep. 21, 2020
Amended Opinion: Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable. 		Immigration 9th Sep. 21, 2020
Laver v. Credit Suisse Securities (USA)
FINRA Rule 13204(a)(4)'s prohibition on enforcing arbitration agreements directed at class claims was inapplicable to class waivers. 		Arbitration 9th Sep. 21, 2020
People v. D.C.
Although defendant's possession of controlled substance conviction was set aside after he pled no contest and completed treatment, it still existed for purposes of sealing his arrest records. 		statutory_interpretation 5DCA Sep. 18, 2020
U.S. v. Qazi
In this circuit an indictment missing an essential element that is properly challenged before trial must be dismissed. 		Criminal Law and Procedure 9th Sep. 18, 2020
Safaryan v. Barr
Board of Immigration Appeals correctly determined that petitioner's conviction under California Penal Code Section 245(a)(1) was for a crime involving moral turpitude. 		Immigration 9th Sep. 18, 2020
People v. Cruz Cruz
Appellant's marijuana-related conditions of probation were stricken because they were neither related to the crime of conviction nor were they reasonably related to preventing appellant's future criminality. 		Criminal Law and Procedure 1DCA/5 Sep. 17, 2020
Mejia v. DACM Inc.
Trial court properly found the arbitration provision unenforceable under 'McGill v. Citibank, N.A.' 		Arbitration 4DCA/3 Sep. 17, 2020
Belgau v. Inslee
In the face of plaintiffs' voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court correctly dismissed plaintiffs' First Amendment claim. 		Civil Rights 9th Sep. 17, 2020
Bare v. Barr
Although immigration judge did not analyze crime's elements in isolation, he referenced facts that went directly to each element in his analysis as supporting the conclusion that petitioner's conviction constituted particularly serious crime. 		Immigration 9th Sep. 17, 2020
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment. 		Bankruptcy 9th Sep. 17, 2020
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion. 		Civil Procedure 3DCA Sep. 17, 2020
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.