Friday, September 29, 2006

In Re Deffner (Cal. Ct. App. - Sept. 28, 2006)

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This one is interesting , on several different levels. You'll have to read the whole thing, since a summary doesn't exactly do it ju...
Thursday, September 28, 2006

In Re Mason (9th Cir. - Sept. 28, 2006)

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I bet the folks at Gonzaga Law School are really glad that Judge Tashima (belatedly) decided to publish this opinion , which was originally...
Wednesday, September 27, 2006

People v. Burton (Cal. Ct. App. - Sept. 27, 2006)

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I've almost never seen a conviction for torture reversed by the California Court of Appeal. Virtually every single opinion concludes tha...

Simmons v. Ghaderi (Cal. Ct. App. - Sept. 27, 2006)

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This is an interesting problem . Plaintiff files a medical malpractice lawsuit, and the parties (and defendant's insurer) attend a media...
Tuesday, September 26, 2006

Alhusainy v. Superior Court (Cal. Ct. App. - Sept. 26, 2006)

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Maybe I missed something here. Is this California in 1850? The wild, wild west? Did I accidentally travel back in time a century or so? Sinc...
Monday, September 25, 2006

Cano v. Glover (Cal. Ct. App. - Sept. 25, 2006)

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Here's another very short (five-page, single-spaced) opinion by Justice Yegan . Which holds -- in a ruling that should be pretty troub...

Corona Fruits & Vegetables Inc. v. Frozsun Foods (Cal. Ct. App. - Sept. 25, 2006)

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Justice Yegan begins this short (five-page, single-spaced) opinion with the line: "Shakespeare asked, 'What's in a name?'...
Friday, September 22, 2006

U.S. v. Castillo (9th Cir. - Sept. 22, 2006)

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This case should go en banc . Not because it's necessarily wrong on the merits. And not because the en banc court would do anything diff...
Thursday, September 21, 2006

Warren v. Merrill (Cal. Ct. App. - Sept. 21, 2006)

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Those readers who live in Los Angeles: Take Heed . Do not use Hildegard Merrill (d/b/a Calabassas Realty) -- the self-described "Condo...
Wednesday, September 20, 2006

Border Business Park, Inc. v. City of San Diego (Cal. Ct. App. - Sept. 19, 2006)

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I'm conflicted about this one . My conflict doesn't arise, as is typically the case, from an uncertain view of the merits. But, unus...
Tuesday, September 19, 2006

People v. Matye (Cal. Ct. App. - Sept. 19, 2006)

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I'm not as young as I once was. (That said, who is ?) Accordingly, I don't always know the latest terminology. Much less am I rout...
Monday, September 18, 2006

Klein v. San Diego County (9th Cir. - Sept. 18, 2006)

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Sounds right to me . I'm generally in favor of free speech. (Mighty big of me, eh?) So I'm hesitant to uphold statutes that limit ...
Thursday, September 14, 2006

Comer v. Schriro (9th Cir. - Sept. 13, 2006)

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This is a fascinating opinion . But it's also one that probably won't be around that long. So read it while you can -- or, at least,...
Wednesday, September 13, 2006

Grassilli v. Barr (Cal. Ct. App. - Sept. 13, 2006)

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Think that organized police harassment of and retailiation against private citizens doesn't happen? Especially in San Diego? Ever wond...

Martinez v. Superior Court (Cal. Ct. App. - Sept. 12, 2006)

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Ah, I love our political and democratic process. So pristine. So pure. So pretty. On November 7, 2006, the voters of Los Angeles get to d...
Tuesday, September 12, 2006

Jorgelina E. v. Superior Court (Cal. Ct. App. - Sept. 12, 2006)

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Listen to these facts from an opinion (and child's death) down here in San Diego: "Jorgelina lived with her boyfriend, Enrique, th...

Wilson v. Merritt (Cal. Ct. App. - Sept. 12, 2006)

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Listen to what Justice Moore says in this opinion regarding the defendant's claim, in this medical malpractice action, that the trial ...
Monday, September 11, 2006

Kesser v. Cambra (9th Cir. - Sept. 11, 2006)

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The makeup, and result, of this en banc panel is darn interesting. It's one of the last 11-member en banc s, as the Ninth Circuit wen...
Friday, September 08, 2006

People v. Smith (Cal. Ct. App. - Sept. 7, 2006)

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Read the ten paragraphs that begin on page three of this opinion and see if you aren't happy that Curtis Smith will spend the next twen...
Thursday, September 07, 2006

Sass v. California Board of Prison Terms (9th Cir. - Aug. 31, 2006)

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Slim, slim pickings today. The Ninth Circuit published only two opinions today. The first, Feibusch , involves an incredibly fact- and cont...