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, July 16, 2025

People v. Reyes (Cal. Ct. App. - July 16, 2025)

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Not much to speak of lately on the California appellate front. No published Ninth Circuit opinions today, and only one published Court of Ap...
Monday, July 14, 2025

CFP BDA, LLC v. Superior Court (Cal. Ct. App. - July 10, 2025)

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For California state court civil litigators, this might be the most important Court of Appeal decision to come out this year . Despite the f...
Thursday, July 10, 2025

U.S. v. Bejar-Guizar (9th Cir. - July 9, 2025)

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After reading this opinion , I so desperately want to drive down there. Desperately So much so that I thought about not writing this post an...
Wednesday, July 09, 2025

Dessins LLC v. City of Sacramento (Cal. Ct. App. - July 9, 2025)

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This seems like a pretty sweet way to circumvent Proposition 218 . Proposition 218 was adopted in 1996 and makes sure that cities can't ...
Tuesday, July 08, 2025

People v. Superior Court (Broadway) (Cal. Ct. App. - July 8, 2025)

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It's always disturbed me that California DAs get to effectively bounce pro-defendant judges from criminal dockets through blanket peremp...
Monday, July 07, 2025

Rowland v. Watchtower Bible & Tract Society (9th Cir. - July 7, 2025)

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I'll forthrightly state that, at the outset, I was dubious about this Ninth Circuit holding . But, in the end, the opinion by Judge Lasn...
Tuesday, July 01, 2025

RND Contractors v. Superior Court (Cal. Ct. App. - July 1, 2025)

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There's a lot to be said favorably about this opinion. Starting with its opening paragraph , which nicely summarizes its holding: "...
Monday, June 30, 2025

Husayan v. Mitchell (9th Cir. - June 30, 2025)

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It's definitely torture. But you can't sue for it . I'm always shocked whenever I read historical pieces about how certain count...
Friday, June 27, 2025

U.S. v. Keller (9th Cir. - June 27, 2025)

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If you're in the 99th percentile of doctors who prescribe opioids, as a lawyer, I strongly recommend that you do not write in your diary...
Thursday, June 26, 2025

A.B. v. County of San Diego (Cal. Ct. App. - June 26, 2025)

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Three years before George Floyd, this happened , with eerily similar facts. I would guess that today's result was influenced, if only in...
Tuesday, June 24, 2025

Cervantes-Torres v. United States (9th Cir. - June 24, 2025)

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See which Ninth Circuit judge most closely approximates your views in this one. Hector Cervantes-Torres was brought to the United States by ...

People v. Barrett (Cal. Supreme Ct. - June 23, 2025)

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It's hard to find sympathy for a prisoner already serving a life sentence who's sentenced to death for killing his cellmate. Not sur...
Friday, June 20, 2025

Lawyers for Fair Reciprocal Admission v. United States (9th Cir. - June 20, 2025)

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The plaintiff's attorney here has filed numerous meritless lawsuits trying to get admitted to the federal courts in California even thou...

Norman v. Strateman (Cal. Ct. App. - June 20, 2025)

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Justice Petrou seems absolutely correct here . Yes, there was an enforceable oral settlement agreement in front of a judicial officer, which...
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 .
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