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.

Tuesday, April 30, 2024

Pell v. Nunez (9th Cir. - April 30, 2024)

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I readily concede that I know only a tiny bit about what it takes to become an attorney in California if you've graduated from an unaccr...
Monday, April 29, 2024

People v. Fay (Cal. Ct. App. - April 29, 2024)

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The California Supreme Court should grant review of this Court of Appeal opinion . Even if it's right. Whether you're convicted of m...
Friday, April 26, 2024

People v. Berlin (Cal. Ct. App. - April 26, 2024)

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This seems like an easy decision with which to comply -- as long as you're aware of it beforehand. Can a judge order someone to pretrial...
Wednesday, April 24, 2024

Fejes v. FAA (9th Cir. - April 23, 2024)

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Given that marijuana is legal in Alaska and that the feds generally don't prosecute the stuff, it seems incredibly harsh to entirely dep...
Monday, April 22, 2024

Ruelas v. County of Alameda (Cal. Supreme Ct. - April 22, 2024)

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This opinion of the California Supreme Court -- in response to the Ninth Circuit's certified question -- is unanimous, and reading Justi...
Thursday, April 18, 2024

U.S. v. Ramirez (9th Cir. - April 18, 2024)

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I'm fairly confident that this is all about pretext. But given that the Supreme Court is fine with allowing pretextual traffic stops, my...
Wednesday, April 17, 2024

Kuigoua v. Dept. of Veterans Affairs (Cal. Ct. App. - April 17, 2024)

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I'm not exactly sure why Justice Wiley decided to publish this opinion , since it seems fairly clearly to make no new law and merely hol...
Tuesday, April 16, 2024

City of Santa Cruz v. Superior Court (Cal. Ct. App. - April 16, 2024)

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Two thoughts sprung to my mind when I read this opinion : (1) What an incredible waste of taxpayer money when a county (here, Santa Cruz Cou...
Monday, April 15, 2024

Perez v. City of Fresno (9th Cir. - April 15, 2024)

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Judges Forrest and Thomas disagree on whether the law is "clearly established" that it's not okay for police officers to use ...
Friday, April 12, 2024

U.S. v. Medina-Lopez (9th Cir. - April 12, 2023)

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That darn Westlaw. Always messing up circuit precedent by placing an unjustified red flag on cases that were not, in fact, overruled. So say...
Thursday, April 11, 2024

People v. Lewis (Cal. Ct. App. - April 10, 2024)

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Michael Lewis, age 37, has a lengthy rap sheet, and his latest offense was a first-degree murder conviction (he shot the victim half a dozen...
Wednesday, April 10, 2024

Casola v. Dexcom (9th Cir. - April 10, 2024)

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Everything that Judge Callahan says and does here is exactly right . And -- full disclosure -- I say that even though I have a good friend w...
Tuesday, April 09, 2024

Weber v. Superior Court (Cal. Ct. App. - April 9, 2024)

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Pretty much everyone -- including but not limited to Earl Warren to Stanley Mosk -- thought that California didn't allow one person to r...
Monday, April 08, 2024

Dilbert v. Newsom (Cal. Ct. App. - April 8, 2024)

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Since nothing in the federal or state constitutions expressly requires the governor of California to act on commutation petitions within a s...
Friday, April 05, 2024

People v. Uriostegui (Cal. Ct. App. - April 5, 2024)

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I get what Justice Gilbert is saying in his dissent here . I really do. And it's true that the defendant here appears to have been caugh...
Thursday, April 04, 2024

U.S. v. Hansen (9th Cir. - April 3, 2024)

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One of the slightly bad things about having old(er) people around is that they might be stuck in the traditional way of doing things and unj...

Vasquez v. SaniSure Corp. (Cal. Ct. App. - April 3, 2024)

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I'm confident that Justice Baltodano is right here , and it points out an interesting way to avoid arbitration that I hadn't conside...
Tuesday, April 02, 2024

U.S. v. Sapalasan (9th Cir. - April 1, 2024)

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There's no reason why the police have to search your backpack (without a warrant) after they've already released you from the police...
Monday, April 01, 2024

Medallion Film LLC v. Loeb & Loeb LLP (Cal. Ct. App. - March 28, 2024)

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Justice Stratton doesn't exactly pay lavish compliments to Loeb & Loeb -- or its attorneys -- in this opinion . A guy (Sadlier) ente...
Wednesday, March 27, 2024

Zenoff v. Sorrento Therapeutics, Inc. (9th Cir. - March 25, 2024)

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After reading this opinion , I am definitely going to start my own business and follow the same gameplan. Sorrento Therapeutics is a San Die...
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