California Appellate Report

If you're an insurance company who's just been spanked at trial for $10 million in punitive damages, as well an additional half a mi...

You can't generally sue if someone accidentally whacks you in the head with a golf ball while you're playing golf. Even if they don...

Here's a quiz for you. Section 466 of the Penal Code criminalizes the possession of burglary tools, which is defined by the statute to ...

Judge Bea writes a fairly blistering dissent in this case . Replete with sentences like: "No dice," and "[the Supreme Court] ...

I kept reading this opinion expecting to find a dissent. In vain. Too bad. Justice Swager holds that Section 7054 of the Education Code, ...

It's generally a case that interests me when a California attorney is a party to the lawsuit. This case is no exception. It involves Ro...

Rarely do you see the California Supreme Court take up routine discovery matters; here, whether plaintiffs are entitled to discover the a no...

Your client can get copies of his medical records at a reasonable cost according to HIPPA. But when you, on his behalf, obtain these same r...

I agree with Judge Milan Smith in this one . Sure, it would have been better -- a lot better -- if the judge who authorized the search warr...

I guess it's the doldrums of August. Vacations. The heat. Whatever. But there hasn't been an overwhelming plethora of opinions t...

How many times have you had to tell your teenage child that driving (or owning) a car is not a necessary component of life for a sixteen yea...

Normally I wouldn't comment on this case , as it's very fact-specific, and concerns whether a particular real estate option contract...

You don't typically see -- indeed, I don't think I've ever seen -- the Ninth Circuit publish an order granting an extension of t...

I always like it when I'm right. Mind you, I'm happy to be wrong. And surely, at times, am. But I always enjoy it when events go my ...

I love the (lengthy) dialogue between Justice Rivera , who authors the majority opinion, and Justice Sepulveda , who dissents, here . Both ...

Putting things in the mail isn't the same as filing them. Yes, I know that seems obvious. But it's true. And don't think that ov...

Listen to me and you'll be thanked by the Ninth Circuit and your name memorialized forever in the F.3ds. That's what you should lear...

I've got tenure. Thankfully. As a result, at least in theory, I could take serious issue with this opinion by Justice McDonald . So ...

As I've noted previously , 2007 has been the Year of Certification in the Ninth Circuit, with an unprecedented number of questions certi...

I'm sitting here on the Big Island of Hawaii, waiting for Hurricane Flossie to whack the island later today. And was timely reminded, th...