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.

Monday, October 22, 2007

Rhodes v. Avon Products, Inc. (9th Cir. - Oct. 15, 2007)

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Fires rage. The University of San Diego closes down. But the Ninth Circuit bravely continues to publish opinions. Tears of respect well up...
Thursday, October 18, 2007

People v. Stuart (Cal. Ct. App. - Oct. 18, 2007)

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You might well -- indeed, probably will -- get away with it if you suffocate your 87-year old mother with a pillow while she's in a nurs...

Suntharalinkam v. Keisler (9th Cir. - Oct. 18, 2007)

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Imagine you've got a case that's pending before the en banc court in which you've got very little to gain even if you win. Say,...
Wednesday, October 17, 2007

People v. Stuedemann (Cal. Ct. App. - Oct. 15, 2007)

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Justice McDonald is exactly, exactly right . And makes the argument cogently, intellectually, and with precision. Giving a massage on a cons...
Tuesday, October 16, 2007

SEC v. Ross (9th Cir. - Oct. 15, 2007)

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This is why you like to see incredibly smart people -- sometimes academics, even -- appointed to the Court of Appeals. It's an erudite,...

Carlson v. U.S. Postal Service (9th Cir. - Oct. 15, 2007)

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Whereas I have briefly been away from my computer, the Ninth Circuit has been busy as a beaver. And cranked out a half-dozen published opin...
Thursday, October 11, 2007

Zurich American Ins. Co. v. Superior Court (Cal. Ct. App. - Oct. 11, 2007)

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Justice Epstein was entirely right to step in here and grant the writ petition . It's an attorney-client privilege issue. The trial cou...

U.S. v. Sutcliffe (9th Cir. - Oct. 11, 2007)

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Yikes! Want to read a creepy story about a dangerously threatening geek? Then read the first four pages of this opinion . Nasty. Later on...
Wednesday, October 10, 2007

Parle v. Runnels (9th Cir. - Oct. 10, 2007)

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If at first you don't succeed, try -- and then try -- again. Who knows? Maybe the third time will be a charm. Like it is here . Timoth...
Tuesday, October 09, 2007

Guglielmino v. McKee Foods Corp. (9th Cir. - Oct. 9, 2007)

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Can't get enough of civil procedure? Want to desperately know more about subject matter jurisdiction? If so, I'm sure you're n...

In Re Morgan (9th Cir. - Oct. 9, 2007)

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It was a lazy Columbus Day for the courts, and today, only the Ninth Circut actually published anything at all. But what it did publish was ...
Friday, October 05, 2007

People v. Upsher (Cal. Ct. App. - Oct. 4, 2007)

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When a security guard calls 911 after he sees you beating your domestic partner, it generally doesn't help to go up to the guard and say...
Thursday, October 04, 2007

U.S. v. Bussell (9th Cir. - Sept. 27, 2007)

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The legacy of the Bussell family continues . This is a memorable set of cases. Which, at this point, pervade not only the F.3ds, but also th...
Wednesday, October 03, 2007

Cruz v. Ayromloo (Cal. Ct. App. - Oct. 3, 2007)

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O'Melveny & Myers brought a lawsuit on behalf of thirty-two low-income tenants who had been wrongfully evicted from their apartment...

Nichols v. City of Taft (Cal. Ct. App. - Oct. 2, 2007)

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Here's another big firm -- this time, Morrison & Foerster -- taking on pro bono -ish representation of a plaintiff and then request...
Tuesday, October 02, 2007

People v. Simons (Cal. Ct. App. - Sept. 27, 2007)

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I'm on board for this one . It's merely an equivocal request for counsel when a defendant says "How long would it take for a la...
Monday, October 01, 2007

People v. Ross (Cal. Ct. App. - Sept. 28, 2007)

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Shades of President Clinton in this one. Who's famous for wrangling about what "is" means . But, in this case , the linguistic...

In Re El Toro Materials Co. (9th Cir. - Oct. 1, 2007)

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I love a man who can use both the term "aliquot" as well as the term "goo" in the same opinion. That man, in this case ...
Friday, September 28, 2007

Ramadan v. Keisler (9th Cir. - Sept. 28, 2007)

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Nah. Politics doesn't play into judicial decisions at all . Anyone who thinks otherwise is just plain foolish. It's a total coinc...

Bockting v. Bayer (9th Cir. - Sept. 27, 2007)

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You don't see many non-death penalty cases bouncing around the courts for almost twenty years . But this one has . And it's still go...
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