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, May 30, 2008

U.S. v. Hinkson (9th Cir. - May 30, 2008)

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Whoa, Nelly. (1) It's the exceptional Ninth Circuit case that runs, like this one, over 90 single-spaced pages. It's even rarer for...

Arteaga v. Brink's Inc. (Cal. Ct. App. - May 28, 2008)

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Your effort to manufacture a FEHA claim by disclosing alleged ongoing physical injuries after you knew that your employer had begun an inter...
Thursday, May 29, 2008

In Re Gong & Kwong (Cal. Ct. App. - May 29, 2008)

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" Didn't like our prior published opinion , which dismissed your appeal as frivolous, relentlessly slammed you and your appellate c...

California School Employees Ass'n v. Bonita Unified School Dist. (Cal. Ct. App. - May 28, 2008)

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The Bonita School district wanted to fire Donald Roberts for nine "causes" and twenty-four "reasons" under the Education...
Wednesday, May 28, 2008

People v. New (Cal. Ct. App. - May 28, 2008)

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Just because you got away with shooting your first wife in the head while she slept doesn't mean that you're going to get away with ...

San Joaquin County Dep't Child Support Svcs v. Winn (Cal. Ct. App. - May 27, 2008)

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A Hegelian dialectic rarely expressly appears in the pages of the California Appellate Report. And I can't in all honesty say that I...
Tuesday, May 27, 2008

Azure Ltd. v. I-Flow Corp. (Cal. Ct. App. - May 27, 2008)

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When you know that an opinion is likely to be reviewed by your boss -- e.g., to have review granted by the California Supreme Court -- there...

U.S. v. Fernandez (9th Cir. - May 27, 2008)

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Sometimes they make it easy for you . So easy that you only have to read the first sentence of the opinion to know not only the question pr...
Friday, May 23, 2008

In Re Carlsson (Cal. Ct. App. - May 23, 2008)

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"This may come as a shock to you, Judge Peter McBrien (up in Sacramento County). But you can't walk out in the middle of a trial -...

People v. Martinez (Cal. Ct. App. - April 1, 2008)

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Just be glad I wasn't your judge, Paul Martinez. Because based upon what I've read here , I wouldn't have limited your sentence ...
Thursday, May 22, 2008

U.S. v. Crandall (9th Cir. - May 13, 2008)

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I'm at the federal penitentiary in lovely Fort Dix, New Jersey today -- for hours rather than a judicially-established number of months,...
Wednesday, May 21, 2008

Witt v. Department of the Air Force (9th Cir. - May 21, 2008)

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It's been a good couple of weeks for gays and lesbians in California and the Ninth Circuit. First gay marriage in California. And today ...
Tuesday, May 20, 2008

Myerchin v. Family Benefits, Inc. (Cal. Ct. App. - May 20, 2008)

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You can't have your cake and eat it too. Nor, as Justice Bedsworth holds here , may you keep (and spend) the money you received in settl...

People v. Wardell (Cal. Ct. App. - May 20, 2008)

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I always like reading opinions that help me be a more successful criminal. Like this one . Granted, I'm not likely to go out and rob a ...
Monday, May 19, 2008

RFK Medical Center v. Leavitt (9th Cir. - May 19, 2008)

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My initial reaction to this case was: "Disputed corporate Medicare reimbursement as applied to depreciation losses resulting from the...
Friday, May 16, 2008

In Re Judicial Misconduct (9th Cir. - May 14, 2008)

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I agree with virtually every word you say, Alex . Virtually. Chief Judge Kozinski publishes his disposition of an unnamed attorney's dis...
Thursday, May 15, 2008

U.S. v. W.R. Grace (9th Cir. - May 15, 2008)

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Nice dissent ! Judge Hawkins writes an extremely well-written dissent to the majority's en banc decision. So good, in fact, that you ...

People v. Bordelon (Cal. Ct. App. - May 15, 2008)

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I spent my morning reading the California Supreme Court's opinion in the marriage cases. All 160-plus pages of it (including the variou...
Wednesday, May 14, 2008

Buono v. Kempthorne (9th Cir. - May 14, 2008)

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Politics matters. But, sometimes, it doesn't. That's one lesson you might get from the lineup in this opinion and resulting en ban...

Center for Biological Diversity v. Rey (9th Cir. - May 14, 2008)

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This is not Judge Noonan's finest work . I understand that it's a review of a denial of a preliminary injunction, and sometimes we w...
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