California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.

Thursday, January 08, 2026

Chong v. Mardirossian Akaragian LLP (Cal. Ct. App. - Jan. 8, 2026)

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I agree with the overwhelming majority of what Justice Hoffstadt says here . Indeed, at least facially, I'm stunned that the plaintiff g...
Wednesday, January 07, 2026

U.S. v. Ruiz (9th Cir. - Jan. 7, 2026)

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This is a bit scary . Not because of the actual holding of the case, which involves whether the government can introduce a particular prior ...
Monday, January 05, 2026

Doe v. California Ass'n of Directors (Cal. Ct. App. - Dec. 31, 2026)

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One of the things I somewhat like about published California Court of Appeal opinions is that they don't list the author until the very ...
Friday, January 02, 2026

Baird v. Bonta (9th Cir. - Jan. 2, 206)

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I'll begin the new year with a prediction: This opinion will be taken en banc . The majority opinion strikes down California's open-...
Monday, December 29, 2025

InSinkErator, Inc. v. Joneca Co. (9th Cir. - Dec. 29, 2025)

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I understand why the defendants here did what they did, as well as why they felt they had to appeal the district court's grant of a prel...
Friday, December 26, 2025

Ammari v. Ammari (Cal. Ct. App. - Dec. 24, 2025)

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Apparently this is indeed the law -- at least in California . Even though the defendant never answered the plaintiff's amended complaint...
Monday, December 22, 2025

U.S. v. Holmes (9th Cir. - Dec. 22, 2025)

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Four Ninth Circuit opinions today ( here , here , here and here ) finally put to rest the appeals of Elizabeth Holmes and Ramesh Sunny Balw...
Thursday, December 18, 2025

People v. Ismaeil (Cal. Ct. App. - Dec. 15, 2025)

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When you're charged with soliciting a minor, you're not guilty if you thought the person was actually old enough to consent. Moreove...
Tuesday, December 16, 2025

Pham v. Superior Court (Cal. Ct. App. - Dec. 16, 2025)

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I certainly understand why Justice Gooding published this opinion today . It's definitely an important topic: When frozen fertilized emb...
Friday, December 12, 2025

California v. Federal Contempt (Apps - Dec. 11-12, 2025)

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It's serendipitous that these two opinions -- one federal, and one state -- came out within days of each other, and were also published....
Wednesday, December 10, 2025

U.S. v. Kittson (9th Cir. - Dec. 10, 2025)

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Judge Owens' opinion this morning crushes Judge VanDyke's dissent. Or at least that's my opinion. Read both of them, if you wish...
Monday, December 08, 2025

Peterson v. Zhang (Cal. Ct. App. - Dec. 8, 2025)

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Today's opinion makes clear -- or at least provides yet another example of -- something that was decently clear already: Protracted lit...
Thursday, December 04, 2025

Morgan v. Ygrene Energy Fund (Cal. Supreme Ct. - Dec. 4, 2025)

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The California Supreme Court does it again. This time, in an opinion by Justice Kruger . Another opinion that begins by cogently summarizing...
Tuesday, December 02, 2025

Arroyo v. Pacific Ridge HOA (Cal. Ct. App. - Dec. 2, 2025)

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Justice O'Rourke decides to publish this opinion , which involves a condo complex, alongside its associated homeowner's association,...

Doyle v. Royal (9th Cir. - Dec. 2, 2025)

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I understand contemporary politics. If you're a conservative federal appellate judge -- especially one who's relatively young -- and...
Monday, December 01, 2025

In re S.R. (Cal. Supreme Court - Dec. 1, 2025)

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I really appreciate it when an opinion -- especially a California Supreme Court opinion -- explains at the outset (1) what the case is about...
Tuesday, November 25, 2025

People v. North River Ins. Co. (Cal. Ct. App. - Nov. 24, 2025)

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Justice Wiley's brevity doesn't always work for me. But sometimes it lands exceptionally well. This opinion is an example of the lat...
Monday, November 24, 2025

Deol v. California Vet. Med. Bd. (Cal. Ct. App. - Nov. 24, 2025)

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Today in the Court of Appeal has been mostly a day for error correction. Three different opinions correct typos and other minor errors in pr...
Thursday, November 20, 2025

OneTaste, Inc v. NetFlix, Inc. (Cal. Ct. App. - Nov. 20, 2025)

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There you have it. As of today , the phrase "Orgasm Cult" has been officially introduced into the published opinions of the Califo...
Tuesday, November 18, 2025

Schlichter v. Kennedy (Cal. Ct. App. - Nov. 17, 2025)

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I'm surprised -- very surprised, actually -- that the Court of Appeal only imposes $1,750 in sanctions against the attorney here . I wou...
Thursday, November 13, 2025

People v. Demacedo (Cal. Ct. App. - Nov. 13, 2025)

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I'm conflicted. When I read the facts , I want this guy to be severely punished. He drives while intoxicated, and heavily so: a .18. He ...
Wednesday, November 12, 2025

In re A.H. (Cal. Ct. App. - Nov. 12, 2025)

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Rarely is one's relationship with one's child perfect. But before one exaggerates one's own problems, it might be valuable to co...
Monday, November 10, 2025

Hunt v. PriceWaterhouseCoopers (9th Cir. - Nov. 10, 2025)

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To work -- or at least to work efficiently -- capital markets require integrity. After reading hundreds of securities fraud cases over the l...
Friday, November 07, 2025

State of California v. Del Rosa (9th Cir. - Nov. 7, 2025)

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It's rare to see the State of California as a plaintiff. But here, it sues a corporation that's owned by an Indian tribe, alongside ...
Wednesday, November 05, 2025

Coastal Environmental Rts. Found. v. Naples Rest. Group (9th Cir. - Nov. 5, 2025)

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This is a fairly long opinion -- a couple of dozen single-spaced pages -- arising out of a fireworks display in which one of the fireworks ...
Tuesday, November 04, 2025

Valame v. Trump (9th Cir. - Nov. 4, 2025)

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Why, exactly, are we publishing this opinion , which affirms in four brief paragraphs the dismissal of a frivolous pro se complaint? I'm...
Monday, November 03, 2025

Cocoa A.J. Holdings v. Schneider (Cal. Ct. App. - Nov. 3, 2025)

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I'm honestly not sure who to root for here. Do I root for the owner of a fractional timeshare in a condo complex near Ghirardelli Square...
Friday, October 31, 2025

People v. Guevara (Cal. Ct. App. - Oct. 31, 2025)

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The Court of Appeal holds that defendant's attorney was constitutionally deficient for, among other things, not filing a brief for over...
Tuesday, October 28, 2025

People v. Sevilla (Cal. Ct. App. - Oct. 27, 2025)

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Defendant has no criminal history, is a productive member of society and supports a family. He was nonetheless found guilty of voluntary man...
Monday, October 27, 2025

U.S. v. VanDyke (9th Cir. - Oct. 27, 2025)

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It's a Second Amendment gun case in the Ninth Circuit, involving someone named VanDyke who was under a harassment no-contact order for r...
Friday, October 24, 2025

Gilbert v. 7-Eleven, Inc. (9th Cir. - Oct. 24, 2025)

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I do not disagree with anything Judge Sung says in this opinion . Yes, the plaintiff here -- a disabled person -- deliberately visited the 7...
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