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.

Wednesday, June 18, 2025

U.S. v. Sanchez (9th Cir. - June 18, 2025)

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There are some immigration cases where the petitioner is fairly sympathetic. Other cases tug less on one's heartstrings. Here, Eliel Nun...
Monday, June 16, 2025

Lemus-Escobar v. Bondi (Cal. Ct. App. - June 16, 2025)

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Rene Lemus-Escobar applied for asylum in 1992 and has been in the midst of immigration proceedings for the past 33 years. That's a long ...
Thursday, June 12, 2025

Brown v. Attorney General (9th Cir. - June 12, 2025)

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The middle of today's Ninth Circuit opinion contains the following passage: "What happened goes beyond prosaic misconduct. The jur...
Wednesday, June 11, 2025

De Souza Silva v. Bondi (9th Cir. - June 11, 2025)

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You read about a fair number of religions when you peruse the various appellate opinions. Most of them are familiar, but on occasion, you le...
Monday, June 09, 2025

State of Alaska v. Federal Subsistence Board (9th Cir. - June 2, 2025)

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During COVID-19, it was more difficult for the Kake Tribe, which is located in rural Alaska, to get sufficient food to eat. So, pursuant to ...
Friday, June 06, 2025

People v. Nixon (Cal. Ct. App. - June 5, 2025)

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It just seems to me a horribly bad idea -- both practically and legally -- to post on your Facebook page "a picture of three Elk Grove ...
Thursday, June 05, 2025

People v. Porter (Cal. Ct. App. - June 5, 2025)

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Most readers have probably violated this California statute. I know that I have. (In my defense, extraordinarily rarely.) So it's probab...

Animal Protection & Rescue League v. County of Riverside (Cal. Ct. App. - June 4, 2025)

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A pro-animal rights group protests a pet store in a Temecula shopping mall because the store allegedly buys its dogs from a puppy mill. Mall...
Wednesday, June 04, 2025

Hubbard v. City of San Diego (9th Cir. - June 4, 2025)

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Today's Ninth Circuit opinion arose across the street from my home. A group of yoga instructors teach yoga for "free" (they a...
Monday, June 02, 2025

People v. Emanuel (Cal. Supreme Ct. - June 2, 2025)

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You can readily understand from the underlying evidence why the California Supreme Court unanimously holds today that there was insufficien...
Thursday, May 29, 2025

In re D.B. (Cal. Ct. App. - May 28, 2025)

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It's indeed unfortunate. But I have to agree with Justice Greenwood . In a juvenile dependency case, where the issue is whether a 17-yea...
Wednesday, May 28, 2025

Travelers Indemnity Corp. v. WCAB (Cal. Ct. App. - May 28, 2025)

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Are there many published appellate opinions involving former major league baseball players seeking workers' compensation benefits? I dou...
Tuesday, May 27, 2025

Thomas v. Corbyn Rest. Group (Cal. Ct. App. - May 27, 2025)

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I like the scam. Learn about a half million dollar settlement somehow, then spoof a series of emails to counsel for defendant -- here, Tyson...
Monday, May 26, 2025

U.S. v. Greene (9th Cir. - May 23, 2025)

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Namir Greene gets sentenced to 10 years in prison for robbing a convenience store and a gas station during a three week period, but the Nint...
Friday, May 23, 2025

U.S. v. Watson (9th Cir. - May 23, 2025)

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Yeah, I'm sure that a dealer who buys $15,000 of fentanyl a week is precisely the type of guy who can understand during the midst of a ...
Wednesday, May 21, 2025

People v. Mathis (Cal. Ct. App. - May 21, 2025)

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It doesn't matter what you've done, or why you don't want the police to stop you. Don't speed away in your car. Especially i...
Tuesday, May 20, 2025

Mae M. v. Komrosky (Cal. Ct. App. - May 19, 2025)

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The Temecula Valley Unified School District passed a rule that prohibits teacher from teaching a variety of doctrines ostensibly derived fro...
Monday, May 19, 2025

Beasley v. Superior Court (Cal. App. Div. - May 19, 2025)

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Traffic ticket law. An underappreciated field. You rarely get published opinions in the area, and when you do, as here, they're usually ...
Friday, May 16, 2025

Woodland v. Hill (9th Cir. - May 16, 2025)

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Want to check out a variety of full color photographs of nearly-nude men in a Ninth Circuit opinion? Judge Lee provides .
Thursday, May 15, 2025

Yelp v. Paxton (9th Cir. - May 15, 2025)

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Today's Ninth Circuit opinion narrowly interprets the "bad faith" exception to Younger  abstention. Judge Bress makes decent ...
Monday, May 12, 2025

People v. Hinojos (Cal. Ct. App. - May 12, 2025)

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If you want someone killed in prison, I gotta admit, it seems like a pretty good business model to get someone who's already serving a l...
Friday, May 09, 2025

Hofer v. Boladian (Cal. Ct. App. - May 9, 2025)

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Sometimes the introduction to the opinion (helpfully) says pretty much everything you need to know: "In this case, the litigants seeki...
Tuesday, May 06, 2025

Sanders v. Superior Court (Cal. Ct. App. - May 6, 2025)

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As God is my witness, I not understand why defense counsel sometimes fail to pay arbitration fees the day the invoice comes in. It's not...
Monday, May 05, 2025

People v. Oyler (Cal. Supreme Ct. - May 5, 2025)

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I'm not surprised that the jury found the defendant guilty here. He's definitely an arsonist who set at least several wildland fires...
Tuesday, April 29, 2025

People v. Benson (Cal. Ct. App. - April 28, 2025)

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The witness to an alleged gang murder was "working as a sex worker nearby on the night of the shooting." She testifies at the firs...
Monday, April 28, 2025

De la Cruz v. Mission Hills Shopping Center (Cal. Ct. App. - April 28, 2025)

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Is it possible that I've seen a shorter published opinion than this one that reverses the grant of summary judgment on the basis of an ...
Thursday, April 24, 2025

CFPB v. CashCall (9th Cir. - April 24, 2025)

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They almost made it. The Consumer Finance Protection Bureau sued CashCall on behalf of consumers for deceptively attempting to collect inter...
Wednesday, April 23, 2025

Newman v. Underhill (9th Cir. - April 23, 2025)

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I'm clearly the outlier here, since this opinion is written by Judge Graber and is unanimous. But really? The police in San Bernardino t...
Monday, April 21, 2025

Marino v. Rayant (Cal. Ct. App. - April 18, 2025)

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This opinion is a perfect example of the Streisand effect . A result generated in part, ironically enough, by someone who has written about...
Wednesday, April 16, 2025

Medtronic USA v. California Department of Tax & Fee Administration (Cal. Ct. App. - April 16, 2025)

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There are many opinions -- particularly in high-profile areas like constitutional law -- that could quite legitimately be nominated as Opini...
Monday, April 14, 2025

Cain v. Superior Court (Cal. Ct. App. - April 11, 2025)

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I'm quite surprised at this holding by the Court of Appeal . At one level, I totally understand it. I'm absolutely confident -- as i...
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