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.

Tuesday, January 31, 2006

Kumar v. Gonzales (9th Cir. - Jan. 23, 2006)

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This one is hilarious . You only have to read Judge Kozinski's dissent. You can figure out what the majority opinion says both by the co...

Sadoski v. Mosley (9th Cir. - Jan. 24, 2006)

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One of my first-year students in Civil Procedure raised his hand on Friday and, in connection with one of the cases we had read, asked me wh...
Monday, January 30, 2006

Young v. Runnels (9th Cir. - Jan. 23, 2006)

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You've got to check out Judge Noonan's concurrence in this one . Funny, short, and insightful. This habeas case concerns a defendant...
Sunday, January 29, 2006

City of Stockton v. WCAB (Cal. Ct. App. - Jan. 27, 2006)

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Sometimes to merely ask a question is to answer it. So it is here . This is the first sentence of Justice Scotland's opinion: "Th...
Friday, January 27, 2006

Pizarro v. Lamb's Players Theatre (Cal. Ct. App. - Jan. 24, 2006)

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This is the kind of superficial, results-oriented opinion that I don't like. California's Unruh Civil Rights Act prohibits discrimin...
Thursday, January 26, 2006

People v. Evans (Cal. Ct. App. - Jan. 24, 2006)

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Here's a case that probably won't (and shouldn't) be around for long. The central issue is whether a criminal defendant has the...

People v. Quintero (Cal. Ct. App. - Jan. 24, 2006)

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You occasionally read in the press or in the California Reporter three strikes cases in which the defendant is sentenced to life in prison f...
Wednesday, January 25, 2006

People v. Najera (Cal. Ct. App. - Jan. 24, 2006)

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Somebody doesn't like me. Yeah, yeah, I know: Many people probably don't like me. And the number likely increases daily. Still, ...

Kelly v. Stamps.com, Inc. (Cal. Ct. App. - Jan. 23, 2006)

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Here's a great example of how important it is to have friends. Particularly in an employment discrimation lawsuit, and most especially w...
Tuesday, January 24, 2006

Kenna v. USDC (9th Cir. - Jan. 20, 2006)

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Okay, Kozinski. You're used to getting your posterior somewhat routinely kissed in this forum (as here and here ). For good reason, of ...
Monday, January 23, 2006

Ray v. Gonzales (9th Cir. - Jan. 20, 2006)

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Yuck. How depressing is it when you learn just how terrible and sleazy some lawyers are? Especially when it is in an area, like asylum, wher...
Friday, January 20, 2006

Christie v. City of El Centro (Cal. Ct. App. - Jan. 13, 2006)

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What the heck is going on out there in El Centro ?! It's the day before Thanksgiving, and a busy day in the parking lot at the Costco in...
Thursday, January 19, 2006

Doe v. Rumsfeld (9th Cir. - Jan. 12, 2006)

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A dude ("John Doe") enlists in the National Guard under its "Try One" program, in which the Guard says that you can sign...
Wednesday, January 18, 2006

Tuazon v. R.J. Reynolds Tobacco Co. (9th Cir. - Jan. 11, 2006)

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Thank you, Margaret. Sincerely. Every year, during their first semester of law school, to introduce my civil procedure students to the conce...
Tuesday, January 17, 2006

U.S. v. Alferahin (9th Cir. - Jan. 11, 2006)

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Just a quick question about this one . Judge (Betty) Fletcher holds that when a person is prosecuted for allegedly illegally procuring his n...

Yahoo! v. La Ligue Contre Le Racisme Et L'Antisemitisme (9th Cir. - Jan. 12, 2006)

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I love America. God, I love America. This is an en banc opinion in a high-profile case. It's an exceptionally long, and important, opini...
Monday, January 16, 2006

Pony v. County of Los Angeles (9th Cir. - Jan. 11, 2006)

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Sometimes I don't know if I'm (1) smart, or (2) dumb. I'm pretty sure it's one or the other. I'm just not entirely confi...
Friday, January 13, 2006

Stanley v. Trustees of the California State University (9th Cir. - Jan. 11, 2006)

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Just to be clear: When I ask you to help me play my guitar, I really want you to play my guitar, and don't want you to instead "pla...
Thursday, January 12, 2006

U.S. v. Weaver (9th Cir. - Jan. 10, 2006)

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Before the holidays, my four-year old daughter, Sierra, went with her mother and her preschool class to the Old Globe's production of ...
Wednesday, January 11, 2006

Beal Bank v. Arter & Hadden PLUS Barak v. The Quisenberry Firm (Cal. Ct. App. - Jan. 10, 2006)

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Two cases for the price of one today, both worthy of brief mention. The underlying unifying theme for today is "Lawsuits Against Lawye...
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