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.

Monday, July 20, 2026

Garcia Demetrio v. Blache (9th Cir. - July 20, 2026)

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The success rate for asylum petitions from citizens of Mexico is strikingly low. It remains to be seen if the petitioner here will ultimatel...
Friday, July 17, 2026

U.S. v. Holcomb (9th Cir. - July 17, 2026)

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This one took a long time. It's an appeal in a criminal case that was filed in 2023. The oral argument was in September 2024, and the pa...
Wednesday, July 15, 2026

U.S. v. Hendrikson (9th Cir. - July 15, 2026)

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In today's opinion , the Ninth Circuit vacates two counts of interstate solicitation in a murder-for-hire plot, for which the defendant ...
Tuesday, July 14, 2026

Jackson v. Meyer (Cal. Ct. App. - July 14, 2026)

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Let me see if I have this right. A married couple has a trust in which they've placed all their community property, but then -- after 48...
Monday, July 13, 2026

Price v. Diab (9th Cir. - July 13, 2026)

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It's the summer doldrums on the California appellate side, so there hasn't been much for a bit. Today does, however, see this opinio...
Thursday, July 09, 2026

People v. Sacco (Cal. Ct. App. - July 8, 2026)

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" It is ordered that the opinion filed herein on June 4, 2026 be modified as follows: on page 9 in the last paragraph, second sentence...
Wednesday, July 08, 2026

People v. Garner (Cal. Ct. App. - July 8, 2026)

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This opinion certainly meets the criteria for (admittedly belated) publication. In 2002, a then-15 years old gets convicted of (alongside h...
Tuesday, July 07, 2026

PWGG v. Bonta (9th Cir. - July 6, 2026)

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Oops .
Thursday, July 02, 2026

Doe v. Marysville Joint USD (Cal. Supreme Ct. - July 2, 2026)

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I wish I could recommend an opinion today that was profoundly worth general reading, but no such luck (at least yet). In the meantime, if yo...
Wednesday, July 01, 2026

People v. Powell (Cal. Ct. App. - June 30, 2026)

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There's good news for Quindale Powell in this opinion . Though admittedly not much. In 2008, he's sentenced to 50 years to life for ...
Tuesday, June 30, 2026

People v. DePape (Cal. Ct. App. - June 30, 2026)

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Did it really make sense for the San Francisco District Attorney's Office to bring this appeal? It's a high-profile matter, and invo...
Monday, June 29, 2026

Doe v. McGrath Kavinoky LLP (Cal. Ct. App. - June 29, 2026)

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The practical import of today's opinion by the Court of Appeal is both important and easy to spell out: Don't represent multiple pl...
Friday, June 26, 2026

In re I.H. (Cal. Ct. App. - June 25, 2026)

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Police officers have a warrant to arrest a guy named Delgadillo. Based on something (unstated), they think he might be in a particular hotel...

In re J.L. (Cal. Ct. App. - June 24, 2026)

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Here's a classic California opinion . A lot of briefing in the trial court. An appeal, with counsel for both the government and for both...
Wednesday, June 24, 2026

Pitt v. Shefler (Cal. Ct. App. - June 24, 2026)

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Do you think the Court of Appeal pays slightly more attention to a personal jurisdiction disputes when one of the parties in Brad Pitt, and ...

Fazel v. Pete Fowler Const. Svcs (Cal. Ct. App. - June 23, 2026)

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It's always nice when the holding of a case is cogently summarized in its first couple of paragraphs, and that happens here : "In a...
Tuesday, June 23, 2026

Cocom v. ABM Aviation, Inc. (9th Cir. - June 23, 2026)

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Imagine that you're an attorney representing a corporation and defending a wage and hour class action in the Central District of Califor...
Monday, June 22, 2026

People v. Sacco (Cal. Ct. App. - June 22, 2026)

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After a relatively long period of inactivity, the California Court of Appeal gets back into the game today with several published opinions. ...
Wednesday, June 17, 2026

People v. Brim (Cal. Ct. App. - June 17, 2026)

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It has been nearly a week since the Court of Appeal has issued a published opinion, so I was glad to read this one by Justice Richman today ...
Tuesday, June 16, 2026

Quinteros v. Harbor Dist. Co. (Cal. Ct. App. - June 11, 2026)

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No one likes to get sanctioned. No one likes to have their name sullied in public, or be compelled to pay $5,000 to the other side and anoth...
Monday, June 15, 2026

People v. Russo (Cal. Ct. App. - June 12, 2026)

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The Court of Appeal decided to publish this (originally unpublished) opinion, which means that the following opening paragraph now gets to ...
Friday, June 12, 2026

In re Marriage of Capos (Cal. Ct. App. - June 12, 2026)

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The Court of Appeal amends its opinion, inter alia, to add the following footnote (emphasis in original): "The trial court’s math appe...

County of Del Norte v. Britt (Cal. Ct. App. - June 11, 2026)

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A guy who owns a house dies intestate. No one else is on the deed, and no one claims the house. Vagrants (predictably) take it over, and it ...
Thursday, June 11, 2026

In re Tung Trust (Cal. Ct. App. - June 9, 2026)

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There hasn't been a ton of interesting action in the Ninth Circuit or California Court of Appeal lately, but I've been thinking a li...
Tuesday, June 09, 2026

Nelson Misconduct Complaint (9th Cir. - June 8, 2026)

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There we no published opinions yesterday, but on a different website, the Ninth Circuit issued this Order , which identified a judicial misc...
Friday, June 05, 2026

Pizzuto v. Valley (9th Cir. - June 5, 2026)

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It doesn't particularly bother me when death penalty opinions recite the facts of the underlying crimes in death penalty cases even thou...
Thursday, June 04, 2026

C.F. v. Alternate Family Services (Cal. Ct. App. - June 4, 2026)

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I mean, I get it. Appellate courts don't typically reconsider a jury's allocation of fault. It's a fact issue. Which is why the ...

Phillips v. Volvo Penta (Cal. Ct. App. - June 4, 2026)

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The Court of Appeal holds today that when a boat engine manufacturer warranties the boat engine and then replaces the engine when that engi...
Wednesday, June 03, 2026

Lnu v. Blanche (9th Cir. - June 3, 2026)

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I normally don't discuss many of the "AI hallucination" opinions that regularly come down these days. For one thing, they'...
Tuesday, June 02, 2026

U.S. v. $1,106,775 in Currency (9th Cir. - June 2, 2026)

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This is a very professorial opinion by Judge Bress . It's got a lot of detailed introductory material regarding the discovery process in...
Monday, June 01, 2026

People v. Five Guys (Cal. Supreme Ct. - June 1, 2026)

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Were there four different published opinions from the California Supreme Court today, involving five different individuals sentenced to deat...

People v. Bankston (Cal. Supreme Ct. - June 1, 2026)

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The California Supreme Court may have approved it in prior cases, but (unsurprisingly) holds today that under the Racial Justice Act, using...
Thursday, May 28, 2026

J.O. v. Superior Court (Cal. Supreme Ct. - May 28, 2026)

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Finally. I have long been a critic -- like many others -- of blanket 170.6 peremptory challenges. They're bad for all the usual reasons;...
Wednesday, May 27, 2026

ConocoPhillips Alaska, Inc. v. Alaska Oil & Gas Conservation Comm'n (9th Cir. - May 27, 2026)

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This one took a while to resolve . I wonder how it would have turned out if it had taken longer. There's an oil company that wants to ke...
Tuesday, May 26, 2026

U.S. v. Johnsen (9th Cir. - May 26, 2026)

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There were no published opinions yesterday, but there are some good ones today. I'm also in Iceland on a family vacation, so my posts ma...
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