California Appellate Report

On occasion, I'll read an opinion by Justice Wiley that I feel is too harsh or curt (or both). Not here . A plumber allegedly didn't...

You've got to pull quite a few doctrinal moves to make this opinion work. But Justice Mori pulls them all . The Court of Appeal holds th...

Let's begin the week with the only published appellate opinion in the last four days . Albeit a somewhat depressing one. The facts: &quo...

I gotta be honest that I liked the district court's decision better than the Ninth Circuit's in this one . It's a summary judgme...

I thought it was very nice of Justice Feuer to spend 32 pages carefully analyzing this appeal , which affirmed the trial court's rejecti...

I seriously hope that Mr. Krepchin gets some assistance with his mental heath. But, in the meantime, I completely agree with the Court of Ap...

I understand where the Court of Appeal is coming from here . The Legislature may well allow you to retrospectively withdraw your guilty plea...

This is an eminently moderate and reasonable opinion . M.T. transitioned to being a girl when she was a minor, and at 19, legally changed he...

It's a bit ironic -- or at least caused me sly amusement -- that this appeal involves a (successful) anti-SLAPP motion filed against a ...

I'm of two minds regarding the decision to publish this opinion. On the one hand, yes, it's important, and we want to make sure that...

Do you remember Pennoyer v. Neff  -- likely from your first day of Civil Procedure as a first year in law school? Today's opinion from t...

I'm often protective of professors, but ironically enough, here's a recent opinion from the Court of Appeal involving a $20 million...

Today's Ninth Circuit opinion notes that "Shih, an electrical engineering professor at the University of California, Los Angeles, ...

You're not going to read this opinion unless you're a super  nerd; or perhaps care deeply about appellate jurisdiction over nonfina...

How do you feel about sentences that are not grammatically complete sentences? Personally, I'm not a monster stickler for old-style gram...

Judge Bumatay (alongside Judges Bennett, Nelson & VanDyke) dissent from the denial of rehearing en banc in this case. It's a 30-page...

A statute requires CalTrans to sell “commercial real property acquired for the construction of a state highway, but no longer required for t...

If she had consistently met all her other deadlines but got caught in multiple traffic accidents on her way to court, would you deport someo...

Judge Bybee writes a very persuasive opinion that grants mandamus relief and requires Judge Brailsford to recuse herself from the underlyin...

There are undoubtedly a lot of reasons why you don't want to be homeless and living in a Salvation Army shelter. Nontrivially amongst th...

The trial court thought that the board members of the Coachella Valley Water District had brought an entirely frivolous anti-SLAPP motion, s...

Clearly I'm just meaner than the Court of Appeal. Or at least the 4/3. Plaintiff files a lawsuit, and defendant propounds twenty RFAs. P...

Montana passed a statute during the height of COVID that prohibited anyone from requiring vaccination; e.g., for employment or to enter an e...

It seems like the Court of Appeal is gradually becoming more like the Ninth Circuit . Sadly.

I feel like most of the cases with the caption "Union Pacific R.R. v. Superior Court" are from an earlier century -- say, the 1800...

Whenever you might think that your family life contains a bit too much drama, feel free to compare your situation to this one for a little ...

Maybe I should listen to more "true crime" podcasts, but I didn't know before reading this opinion that there was a serial ki...

There's a fight between Judge Sung and Judge Collins as to whether someone who has filed a Chapter 13 bankruptcy petition has an absolut...

No, the Court of Appeal did not just affirm the trial court's refusal to resentence Kamala Harris based upon her conviction for murder....

October begins with an interesting discussion between Judge Tashima, who authors the majority opinion, and Judge Christen, who writes a con...

I bet you get paid a ton of money for convincing the Court of Appeal to reinstate a $120 million jury verdict against Chevron notwithstandin...

I get it. You've got to say that a statute is "ambiguous" before you can do what makes sense. Because everyone's persuaded...

It takes Judge Forrest only four pages to write an en banc  opinion that explains that prior circuit precedent that held that the "fir...

Police officers make an obviously pretextual stop -- the defendant's a known gang member, and he doesn't have front plates on his ve...

From this domestic violence TRO opinion by Justice Rodrriguez: ”In an October 2021 e-mail — titled “Shitty human” — [D.V.] wrote, “You are ...