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, 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...
Thursday, October 23, 2025

County of Los Angeles v. Quinn Emanuel (Cal. Ct. App. - Oct. 23, 2025)

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My old law firm -- Quinn Emanuel -- loses its appellate attempt to recover $1.7 million in fees and costs that it expended on behalf of its...
Wednesday, October 22, 2025

People v. Rosen (App. Div. - Oct. 22, 2025)

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Published opinions from the Appellate Division are always interesting because they typically involve small-value but oft-repeated situations...
Tuesday, October 21, 2025

U.S. v. Kroytor (9th Cir. - Oct. 21, 2025)

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I suspect that Yuly Kroytor was amongst the most severely unhappy people upon President Trump's election in 2024. He's a U.S. perman...
Monday, October 20, 2025

King v. Villegas (9th Cir. - Oct. 20, 2025)

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J udge Fletcher's majority opinion simply has the better of the argument here. Yes, the Supreme Court has held that, as a matter of iss...
Friday, October 17, 2025

Kouvabina v. Veltman (Cal. Ct. App. - Oct. 16, 2023)

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I would mention this opinion regardless , since it concerns an attorney  who's declared -- by the Court of Appeal, no less -- to be a ve...
Thursday, October 16, 2025

Ani v. Bondi (9th Cir. - Oct. 16, 2025)

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Daniel Ani would not have been kicked out of the United States had this case been twenty, or even ten, years ago. Mr. Ani, who is a citizen ...
Monday, October 13, 2025

California Dental Ass'n v. Delta Dental (Cal. Ct. App. - Oct. 10, 2025)

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I discovered from this opinion that Delta Dental "is the state’s largest provider of dental plans." Maybe some readers have it. R...
Friday, October 10, 2025

U.S. v. Tainewasher (9th Cir. - Oct. 10, 2025)

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There's a ton of value in Judge Graber's dissent here , particularly about what it means (or does not mean) for a district court to ...
Wednesday, October 08, 2025

De Meo v. Cooley LLP (Cal. Ct. App. - Oct. 8, 2025)

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I'm always interested in published opinions that involve lawsuits against lawyers. Doubly so when the case involves a lawsuit against a ...
Thursday, October 02, 2025

People v. Molina (Cal. Ct. App. - Oct. 2, 2025)

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Be nice to your kids. Otherwise they might put you in a home like this one (in Riverside) : "On January 24, a relative of a Secure Hand...
Wednesday, October 01, 2025

Berkeley People's Alliance v. City of Berkeley (Cal. Ct. App. - Sept. 30, 2025)

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Here's an example, in my view, of the empty formality of texualism . California's Brown Act states that city council meetings should...

Kashanian v. National Enterprise Systems (Cal. Ct. App. - Oct. 1, 2025)

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Kudos to Justice Rodriquez for publishing this opinion today . The trial court thought that plaintiff didn't have standing to seek statu...
Tuesday, September 30, 2025

Ridley v. Rancho Palma Grande HOA (Cal. Ct. App. - Sept. 29, 2025)

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Ah, the joys of owning a condo . Especially when, as here, the building is accidentally built above an abandon, unregistered water well. Sou...
Monday, September 29, 2025

Estate of Esche v. Bunuel-Jordan (9th Cir. - Sept. 29, 2025)

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There's only one published California appellate opinion thus far today -- this one from the Ninth Circuit . Fortunately, it's somewh...
Thursday, September 25, 2025

Wolfswinkle v. Gordon (Cal. Ct. App. - Sept. 3, 2025)

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As readers may know, I read all of the published opinions from the California Court of Appeal (alongside the Ninth Circuit and the Californi...
Wednesday, September 24, 2025

Rosenwald v. Kimberly-Clark Co. (9th Cir. - Sept. 24, 2025)

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Judge Smith dismisses this appeal (and the underlying lawsuit) for lack of subject matter jurisdiction , noting that the plaintiff -- who fi...
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