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, January 31, 2007

Jones v. Catholic Healthcare West (Cal. Ct. App. - Jan. 31, 2007)

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Who's breathing a huge, huge sign of relief today? Attorney Donald West of Stockton, that's who. Someone who should probably give J...

McAllister v. County of Monterey (Cal. Ct. App. - Jan. 31, 2007)

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Want to build a huge, 10,000+ square foot home on the coast at Highway 1 in Big Sur, but have a neighbor who's the chair of the World Wi...

People v. Flores (Cal. Ct. App. - Jan. 31, 2007)

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Whoops. What happens when the judge forgets to instruct the jury about something so fundamental as the reasonable doubt standard? The conv...
Tuesday, January 30, 2007

Safe Air for Everyone v. Environmental Protection Agency (9th Cir. - Jan. 30, 2007)

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I always like it when there are opinions with captions like this one . I'm just waiting for "Kindhearted Helping Souls v. Evil Bas...

In Re Malcolm M. (Cal. Ct. App. - Jan. 30, 2007)

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Want to read about a wasted life? One that's not even nearly over, and yet already seems virtually destined to be a net negative for al...
Monday, January 29, 2007

Gilbert v. Sykes (Cal. Ct. App. - Jan. 26, 2007)

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Loyal readers will know that I'm a big fan of Justice Butz . She generally writes excellent, erudite opinions, and ones that typically ...

Hall v. North American Van Lines (9th Cir. - Jan. 29, 2007)

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It's only a complaint. Which, for 12(b)(6) purposes, we've got to assume is true, even if it's not. Still, the next time you mo...
Friday, January 26, 2007

Williams v. Superior Court (Cal. Ct. App. - Jan. 26, 2007)

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This opinion kicks butt. It's by Justice Haller . It's incredibly good. Perhaps most impressive is that it deals fairly and equita...
Thursday, January 25, 2007

U.S. v. Hector (9th Cir. - Jan. 25, 2007)

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I agree with Judge McKeown here . Judge Pregerson -- up in L.A. -- (1) suppressed the results of a search because the officers didn't g...

Temple City Redevelopment Agency v. Bayside Drive Ltd. Partnership (Cal. Ct. App. - Jan. 25, 2007)

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I'm going to have to respectfully disagree with Justice Vogel here. Though I recognize that our disagreement may largely be a philosop...
Wednesday, January 24, 2007

U.S. v. Jernigan (9th Cir. - Jan. 23, 2007)

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It's been an en banc bonanza in the last couple of days. The Ninth Circuit took two cases -- Castillo and Aukai -- en banc on Monday. ...

Manderville v. PC&S Group (Cal. Ct. App. - Jan. 24, 2007)

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It's been a slow day today -- just one published opinion each from the Ninth Circuit and California Court of Appeal. One involving fish ...
Tuesday, January 23, 2007

Valeriano v. Gonzales (9th Cir. - Jan. 23, 2007)

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I'm fairly confident that Judge Kleinfeld gets this one right , and that Jose Valeriano -- a 34-year old Mexican national with three Uni...

People v. Coleman (Cal. Ct. App. - Jan. 23, 2007)

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It's pretty rare for the Court of Appeal to buck precedent and reverse a conviction on insufficiency grounds. Especially for high-profi...
Monday, January 22, 2007

People v. Nguyen (Cal. Ct. App. - Jan. 22, 2007)

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This case completes the trilogy . An Apprendi / Booker / Blakely opinion today by the Supreme Court. Then one from the Ninth Circuit. An...

U.S. v. Mercado (9th Cir. - Jan. 22, 2007)

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Today's a huge Booker/Blakely day. Here's another opinion -- this one from the Ninth Circuit -- about what facts can permissibly b...

Cunningham v. California (U.S. Supreme Ct. - Jan. 22, 2007)

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Time to revise California's entire sentencing scheme . The U.S. Supreme Court held earlier today that California's determinate sente...
Friday, January 19, 2007

Kurwa v. Harrington, Foxx, Dubrow & Canter LLP (Cal. Ct. App. - Jan. 11, 2007)

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Representing yourself -- even if you're an attorney -- is often a bad idea. You won't obtain neutral, impartial advice. You'll o...
Thursday, January 18, 2007

Frunz v. City of Tacoma (9th Cir. - Jan. 16, 2007)

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Don't mess with Judge Kozinski. Because if you do, you'll be the one burned, not him. There's no better evidence of the truth o...
Wednesday, January 17, 2007

Fisher v. City of San Jose (9th Cir. - Jan. 16, 2007)

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Sometimes you can't put a book down even after reading only the first page. For me, that was definitely the case with this opinion . Her...
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