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.

Thursday, September 03, 2026

Sandford v. Sandford (Cal. Ct. App. - Sept. 3, 2026)

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Sometimes it pays to (allegedly) steal hundreds of thousands of dollars from your siblings .
Wednesday, September 02, 2026

U.S. v. Nasri (9th Cir. - Sept. 2, 2026)

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Do you long for those halcyon days of first-year (and/or advanced) Civil Procedure? Do you feel compelled to get a daily dose of Pennoyer v....

People v. Espinosa (Cal. Ct. App. - Aug. 31, 2026)

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Here's a line you don't see that often : "Defendant was 75 years old when he committed his crimes in September 2009. . . ....
Tuesday, September 01, 2026

U.S. v. Morgovsky (9th Cir. - Aug. 31, 2026)

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Judge Bea begins this opinion with: "For years, Naum Morgovsky smuggled components for night-vision and thermal-vision rifle scopes in...
Monday, August 31, 2026

Liu v. Kaiser Permanente (9th Cir. - Aug. 31, 2026)

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It's a standard sentiment, held by a nontrivial number of people, and succinctly summarized by the phrase: "F***ing Kaiser." (...

Garcia Morales v. Blanche (9th Cir. - Aug. 31, 2026)

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This is a long (88-page, single spaced) immigration opinion . The majority opinion is written by Judge Paez, and the dissent by Judge Bumata...
Friday, August 28, 2026

Cabardo v. Patacsil (9th Cir. - Aug. 27, 2026)

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My congratulations to Judge Nelson on this opinion . It's extremely well-written. It flows gracefully. It explains things well. It's...
Thursday, August 27, 2026

People v. Hazlett (Cal. Supreme Ct. - Aug. 27, 2026)

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I know I say this -- or something like this -- a lot. But it still seems to me like it's a total waste. The murder here was in 1978. Nea...
Tuesday, August 25, 2026

County of King v. Turner (9th Cir. - Aug. 25, 2026)

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This is a really smart and well-written opinion by Judge McKeown. It's a high-profile case, so I won't say much about the merits; y...
Monday, August 24, 2026

U.S. v. Aguilera (9th Cir. - Aug. 24, 2026)

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According to this opinion , when a 27-year veteran judge in the Northern District of California , a graduate of Harvard Law School, was told...

Town of Apple Valley v. Apple Valley Ranchos Water (Cal. Supreme Ct. - Aug. 24, 2026)

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I will take issue neither with the holding of this California Supreme Court opinion nor with its rationale. It's unanimous, after all. ...
Friday, August 21, 2026

1 Community Compact v. City of Fresno (Cal. Ct. App. - Aug. 21, 2026)

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Can you figure out from the very first paragraph the twists and turns that likely -- and in fact -- occurred in this case? Here's the op...
Thursday, August 20, 2026

Int'l Longshore & Warehouse Union v. NLRB (9th Cir. - Aug. 20, 2026)

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I'm not a Ninth Circuit judge, so I don't know the answer to this question. But I wonder how it feels when you write an opinion -- i...
Monday, August 17, 2026

People v. Lightsay (Cal. Supreme Ct. - Aug. 17, 2026)

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The California Supreme Court issued two death penalty opinions today.  In one of those cases, it unanimously affirmed the re-imposition of ...

U.S. v. Jackson (9th Cir. - Aug. 17, 2026)

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Sometimes it's sufficient to state the facts; the ultimate result is obvious. This is one of those cases. "These cases present the ...
Thursday, August 13, 2026

People v. Shove (Cal. Supreme Court - Aug. 13, 2026)

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I won't opine about the 5-2 dispute between the majority and the dissent about whether there was a Batson error here. You can read the ...
Wednesday, August 12, 2026

Turrey v. Vervent (9th Cir. - Aug. 12, 2026)

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This is an opinion about accrual dates for RICO violations , but what's somewhat (very marginally) strange about it is that it seems lik...
Tuesday, August 11, 2026

Simerley v. Golden Gate Bridge & Highway Trans. Dist. (Cal. Ct. App. - August 11, 2026)

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Maritime law. You know it. You love it. That's what today's Court of Appeal opinion is all about . Loss of consortium claims aren...
Monday, August 10, 2026

Family Violence Appellate Project v. Superior Court (Cal. Supreme Ct. - Aug. 10, 2026)

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I have no problem with today's opinion by the California Supreme Court , which holds that indigent litigants are entitled to have their ...
Friday, August 07, 2026

U.S. v. Doyle (9th Cir. - Aug. 8, 2026)

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This opinion is strangely sanitized . Patrick Edward Doyle hooks up with a minor on a dating app -- she allegedly showed him a fake i.d. tha...
Thursday, August 06, 2026

Gorobets v. Jaguar Land Rover North America (Cal. Supreme Ct. - Aug. 6, 2026)

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I like this opinion , and it has practical significance for many California litigators. The California Supreme Court unanimously holds that ...
Tuesday, August 04, 2026

A Company Hungary KFT v. Bespalov (Cal. Ct. App. - Aug. 4, 2026)

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I, like many (but not all) lawyers, sometimes write intemperate things in draft briefs. You get caught up in the emotion of what you're ...
Monday, August 03, 2026

Los Angeles County ERA v. County of LA (Cal. Supreme Court - Aug. 3, 2026)

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This is an unusual 4-3 split opinion by the California Supreme Court. Unlike the United States Supreme Court, you don't routinely see s...
Friday, July 31, 2026

Thompson v. Superior Court (Cal. Ct. App. - July 30, 2026)

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The defendant here is charged with felony burglary and receives mental health diversion for alleged PTSD despite having 19 different felony...
Thursday, July 30, 2026

People v. McAllister (Cal. Ct. App. - July 30, 2026)

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What you know from reading this opinion is that Russell McAllister was sentenced to 75 years in prison for first-degree murder of another i...

People v. Kazarian (Cal. Ct. App. - July 30, 2026)

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Sometimes courts get too aggressive in finding an error to be harmless. Not here . "On a late January evening in 2023, around 1:20 a.m....
Wednesday, July 29, 2026

People v. Carrillo (Cal. Ct. App. - July 28, 2026)

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If you know anything about the relationship between the Hispanic and African-American gangs in Riverside, you'll know they're . . . ...
Tuesday, July 28, 2026

U.S. v. Anten (9th Cir. - July 27, 2026)

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It's an easy lesson, but one that perhaps bears mention: Don't send an email to the FBI that says "I WILL UNABOMB THE LOS ANGEL...
Friday, July 24, 2026

Weiss v. Permanente Medical Group (9th Cir. - July 24, 2026)

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I would like everyone to know that I've recently had some substantial religious revelations. So while I might have been willing to do a ...
Thursday, July 23, 2026

In re Conservatorship of E.A. (Cal. Supreme Ct. - July 23, 2026)

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It's hard (though far from impossible) to argue with what Chief Justice Guerrero has to say here. The Court holds that lengthy delays in...
Tuesday, July 21, 2026

Theis v. Intermountain Educ. Sch. Dist. (9th Cir. - July 21, 2026)

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Today's Ninth Circuit opinion is fairly high profile, so it'll get a tolerable amount of mention in the legal press already. But I n...
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...
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