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
In re Jose C.
Parent's failure to appeal order terminating jurisdiction, which included ruling on custody order, mooted his appeal. 		Dependency 2DCA/7 Oct. 11, 2023
Blankenship v. NBCUniversal
Order 		USSC Oct. 11, 2023
Clark v. Broomfield
California Supreme Court's denial of habeas relief was not contrary to established law where defendant's request for self-representation was impulsive and not unequivocal. 		Prisoners' Rights 9th Oct. 11, 2023
U.S. v. State of Idaho
Order 		9th Oct. 11, 2023
State Compensation Insurance Fund v. Dept. of Insurance
Administrative mandamus petition was not timely because equitable estoppel and equitable tolling did not apply where the petitioner had successfully pursued settlement and there was no misrepresentation of material facts. 		Civil Procedure 3DCA Oct. 11, 2023
Bailey v. Bailey
Potential beneficiary's petition to probate a will was timely because, although he received notice as a potential beneficiary, he did not receive notice of the original petition for letters of administration. 		probate_and_trusts 2DCA/6 Oct. 11, 2023
Historic Architecture Alliance v. City of Laguna Beach
Under California Environmental Quality Act, when historical resource exemption is at issue, project's compliance with the Secretary of Interior's Standards for Historic Properties is reviewed for substantial evidence. 		Environmental Law 4DCA/3 Oct. 10, 2023
People v. Evers
Criminal defendant forfeited constitutional challenges to restitution fines based on ability to pay because his counsel failed to timely raise them during sentencing hearing. 		Criminal Law and Procedure 1DCA/4 Oct. 10, 2023
U.S. v. Scott
Courts may use the harm definition for "serious bodily injury" when applying a sentencing enhancement to aggravated sexual assault because the victim's injuries are not addressed in the base offense. 		Criminal Law and Procedure 9th Oct. 9, 2023
Amended Opinion: U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Oct. 9, 2023
Parris J. v. Christopher U.
Domestic Violence Restraining Order did not require a reasonable, objective person standard and defendant's coercive control met the statutory requirements. 		Family Law 2DCA/4 Oct. 6, 2023
Marina Coast Water Dist. v. County of Monterey
Water company's desalination project did not require further additional environmental review despite additional conditions adopted thereafter. 		Environmental Law 6DCA Oct. 6, 2023
Oroville Dam Cases
Department of Water Resources was not a "person" under the Fish and Game Code when it came to releasing material deleterious to wildlife into Lake Oroville. 		Environmental Law 3DCA Oct. 6, 2023
Perez v. Galt Joint Union Elementary School District
Elementary school volunteer was an "employee" whose sole remedy for her injury at a spelling bee was workers' compensation because the school district previously passed a resolution rendering volunteers employees. 		Workers' Compensation 3DCA Oct. 6, 2023
U.S. v. Barlow
Defendant's prior conviction for aggravated assault constituted a "crime of violence" under the United States Sentencing Guidelines because he used physical force against another. 		Criminal Law and Procedure 9th Oct. 5, 2023
Hansen v. Volkov
Though counsel's behavior was uncivil, civil harassment restraining order was reversed when counsel's conduct was constitutionally protected activity or failed to evidence severe emotional distress. 		Attorneys 2DCA/7 Oct. 5, 2023
Boyd v. Central Coast Community Energy
Electricity rates charged by government entity fell within one of the enumerated exceptions to the constitutional requirement that voters approve new or increased taxes. 		Constitutional Law 6DCA Oct. 5, 2023
JRK Property Holdings, Inc. v. Colony Insurance Company
Pollution coverage exclusion did not block coverage for insurance claims related to COVID-19 where the language used was ambiguous and reasonable insured would not expect the exclusion to apply. 		Insurance 2DCA/7 Oct. 3, 2023
Modification: People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. 		Criminal Law and Procedure 2DCA/6 Oct. 4, 2023
Amended Opinion: Swinomish Indian Tribal Community v. Lummi Nation
District Court correctly held that the Lummi Nation's usual and accustomed fishing grounds did not extend to the disputed 		Native American Affairs 9th Oct. 4, 2023
Hampton v. State of California
Public Readiness and Emergency Preparedness Act immunity did not apply to defendant prison and its officials against claims arising from failing to administer COVID-19 tests. 		Prisoners' Rights 9th Oct. 4, 2023
People v. Trent
Vacatur of defendant's murder conviction under Section 1172.6 rendered conviction nonfinal for the purposes of Assembly Bill 333 (employing retroactively ameliorative laws regarding criminal street gangs). 		Criminal Law and Procedure 3DCA Oct. 4, 2023
Nash v. Aprea
Once judgment on the breach of the rental agreement was entered against defendant, the agreement's $1,000 limit on attorney fees was merged into and extinguished by the judgment. 		Remedies 2DCA/7 Oct. 4, 2023
Modification: People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative. 		Criminal Law and Procedure 1DCA/5 Oct. 3, 2023
Glynn v. Orange Circle Lounge Inc.
Bar's duty to patrons did not extend to a patron who was involved in a bar fight, but died fighting the same assailants in a fight an hour later, a block away. 		Torts 4DCA/3 Oct. 3, 2023
Paramount Pictures Corp. v. County of Los Angeles
Los Angeles County Assessment Appeals Board did not commit methodological error in rejecting Paramount's property tax valuation that used the income approach rather than the recommended cost approach. 		Tax 2DCA/4 Oct. 2, 2023
Engel v. Pech
Amended complaint adding partnership as plaintiff did not relate back to timely complaint filed by the principal of the LLP because the plaintiffs had separate claims based on distinct facts. 		Attorneys 2DCA/2 Oct. 2, 2023
Marriage of Rangell
Trial court properly awarded over $90,000 in sanctions after ex-husband repeatedly refused to comply with court orders to transfer funds to ex-wife. 		Remedies 2DCA/8 Oct. 2, 2023
In re: Uber Technologies Wage and Hour Cases
The Federal Arbitration Act did not preempt the California Division of Labor Standards Enforcement's actions against Uber and Lyft, as the state was not a party to individual drivers' arbitration agreements. 		Arbitration 1DCA/4 Oct. 2, 2023
U.S. v. Cabrera
District court did not err in including overlapping days between two convictions to defendant's criminal history score. 		Criminal Law and Procedure 9th Oct. 2, 2023
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.