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.

Friday, November 03, 2006

Freytag v. Ayers (9th Cir. - Nov. 3, 2006)

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Sure, you can petition for rehearing or rehearing en banc. And you might even have a point; in many cases, the opinion may well be weak -- ...
Thursday, November 02, 2006

County of Los Angeles v. Harco Nat. Ins. Co. (Cal. Ct. App. - Nov. 2, 2006)

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On March 13, 2004, Harco National Insurance Company posts a $1,000,000 bond for the release of Armin Vossooghi, who'd been charged with ...

In Re D.D. (Cal. Ct. App. - Nov. 2, 2006)

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Here's a single sentence from this case : "On June 24, 2005, officers executed a search warrant at the home of the maternal grandpa...

People v. Dominguez (Cal. Supreme Ct. - Nov. 2, 2006)

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Whoops. Here's the entire text of the California Supreme Court's most recent modification to an opinion: "The majority opinion...
Wednesday, November 01, 2006

Pinard v. Clatskanie School Dist. 6J (9th Cir. - Oct. 30, 2006) (Part II)

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I noticed this when I first read the opinion, but my earlier post was long enough already , so I left out this part of the case. Nonetheless...
Tuesday, October 31, 2006

Tunstall v. Wells (Cal. Ct. App. - Oct. 31, 2006)

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Family. The bedrock of civilization. The repository of love, affection, and caring. Unless, apparently, you're the children of Robert ...

People v. Tackett (Cal. Ct. App. - Oct. 31, 2006)

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Want to hear something scary? Guess what happens when you drive drunk, blow through a stop sign, strike another car, and kill the husband a...
Monday, October 30, 2006

Pinard v. Clatskanie School Dist. 6J (9th Cir. - Oct. 30, 2006)

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When I started to practice law, I was surprised -- not shocked, but nonetheless surprised -- at how often the participants (especially parti...
Friday, October 27, 2006

Park City Services, Inc. v. Ford Motor Co. (Cal. Ct. App. - Oct. 27, 2006)

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I know I shouldn't, but I just couldn't keep from laughing as I read about the limousine in this case , which involved a Song-Beverl...

Fernandez-Ruiz v. Gonzales (9th Cir. - Oct. 26, 2006)

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Close en banc decisions -- especially in high-profile or politically charged matters -- are often the result of a sharp ideological split. ...
Thursday, October 26, 2006

Gueyffier v. Ann Summers, Ltd. (Cal. Ct. App. - Oct. 26, 2006)

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Here's another rarity . It's very rare that the judiciary refuses to confirm an arbitration award due to the arbitrator's findi...

Hightower v. Roman Catholic Bishop (Cal. Ct. App. - Oct. 26, 2006)

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It's sufficiently rare for the Court of Appeal to issue a published nunc pro tunc order -- and since this one brought a smile to my fac...
Wednesday, October 25, 2006

Collins v. Hertz Corp. (Cal. Ct. App. - Oct. 25, 2006)

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This is probably not the way you want to start out your early legal career. It's a dog of an employment case. One that you probably sho...
Tuesday, October 24, 2006

Smith v. Baldwin (9th Cir. - Oct. 24, 2006)

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This is a longie but a goodie . The appeal involves a not-too-surprising fight between Judge Reinhardt (who write the majority opinion) and ...

Robertson v. Kulongoski (9th Cir. - Oct. 24, 2006)

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You don't see many cases filed these days that claim that a state statute is unconstitutional under the Contract Clause. For good reaso...
Monday, October 23, 2006

Carehouse Convalescent Hosp. v. Superior Court (Cal. Ct. App. - Oct. 23, 2006)

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Friends. Countrymen. Lend me your ears. Thou shalt not be allowed to depose the other side's lawyer. It ain't gonna happen. Eve...

U.S. v. Santiago (9th Cir. - Oct. 23, 2006)

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When you're defending someone who may well be sentenced to 25+ years in prison, it may help to actually pay attention. Imagine, for exa...
Friday, October 20, 2006

People v. Ramirez (Cal. Ct. App. - Oct. 20, 2006)

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This is a little bit disturbing (and graphic), especially for a Friday, so read on -- or not -- at your discretion. If you do, however, see...
Thursday, October 19, 2006

May v. Nine Plus Properties (Cal. Ct. App. - Oct. 19, 2006)

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Want to know if you can be sued if you leave the keys to your car in the ignition and someone steals your car and runs over someone? Then r...

People v. Mentch (Cal. Ct. App. - Oct. 18, 2006)

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Sorry about not posting yesterday, but I was up in Los Angeles doing good things, and (sadly) had no internet access in the City of Angels ....
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