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, November 26, 2008

U.S. v. Weyhrauch (9th Cir. - Nov. 26, 2008)

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Here's a pre-holiday case that's interesting on a lot of levels . First, it involves yet another elected official from Alaska who...
Tuesday, November 25, 2008

In Re Cannon (Cal. Ct. App. - Nov. 25, 2008)

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Prison inmates may well have a right to be served two hot meals a day pursuant to Section 5058 of the Penal Code and Section 3050(a)(2) of ...

Ventimiglia v. Board of Behavioral Science (Cal. Ct. App. - Nov. 17, 2008)

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You're a licensed marriage and family therapist. You're treating an unstable client. Do I really have to say it? Don't have sex ...
Monday, November 24, 2008

People v. Mentch (Cal. Supreme Ct. - Nov. 24, 2008)

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The California Supreme Court held today that you're not a "primary caregiver" under the Compassionate Use Act merely because ...
Friday, November 21, 2008

People v. Cox (Cal. Ct. App. - Nov. 21, 2008)

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We're heading into Thanksgiving Week. So how better to end the previous week than with an interesting Friday afternoon opinion by Justi...
Thursday, November 20, 2008

Doody v. Schriro (9th Cir. - Nov. 20, 2008)

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Rarely -- and I mean, rarely -- do you have a court find that a confession was constitutionally involuntary . It's even more rare to ma...

Ahmed v. Mukasey (9th Cir. - Nov. 19, 2008)

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There are not-very-competent attorneys in every field, of course. But my sense is that immigration law is one of those fields in which there...
Wednesday, November 19, 2008

People v. Connors (Cal. Ct. App. - Nov. 19, 2008)

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I'm on board for what Justice Cooper says here . It's not the most heinous set of crimes ever, but, still, I'll be happy for the...

Ass'n of Irritated Residents v. San Joaquin Valley UPCD (Cal. Ct. App. - Nov. 19, 2008)

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Animal pee and poop causes air pollution. So you need to talk about it more . That's a holding that even -- and perhaps especially -- m...
Tuesday, November 18, 2008

Aguilar v. Aguilar (Cal. Ct. App. - Nov. 6, 2008)

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Sometimes you read an opinion and think to yourself: "This is so clearly and obviously right. How could the other side even argue to th...
Monday, November 17, 2008

Kachlon v. Markowitz (Cal. Ct. App. - Nov. 17, 2008)

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Donald and Debra Markowitz buy a house from Mordechai and and Monica Kachlon, and include as part of this transaction a $53,000 second mortg...

Manco Contracting Co. v. Bezdikian (Cal. Supreme Ct. - Nov. 17, 2008)

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When does California consider a judgment from Qatar "final" under the UFMJRA? What about Korea? Here's some insight into the ...
Friday, November 14, 2008

Cook v. Avi Casino Enterprises (9th Cir. - Nov. 14, 2008)

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There's some very good stuff in here about diversity jurisdiction as applied to corporations created by Indian tribes. It's a neat...
Thursday, November 13, 2008

Finnerty v. Board of Registered Nursing (Cal. Ct. App. - Nov. 13, 2008)

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I knew that there were disputes at the margin about the chain of command in, say, the military. You can't just uniformly say you were ...

Hecht v. Paul Revere Life Ins. Co. (Cal. Ct. App. - Nov. 5, 2008)

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I'm pretty impressed by anyone who can fully explain and adjudicate a case in nine short paragraphs. I think that's a rare talent, a...
Wednesday, November 12, 2008

Hoopes v. Dolan (Cal. Ct. App. - Nov. 12, 2008)

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It's always informative when California does something differently than the federal system. It's especially interesting when the di...
Tuesday, November 11, 2008

Williams v. Russ (Cal. Ct. App. - Oct. 27, 2008)

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Feel free to sue your lawyer. And to demand your client file, as is your right under the ethical rules. But don't then forget to pay the...
Monday, November 10, 2008

People v. Anderson (Cal. Ct. App. - Nov. 10, 2008)

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Justice Duffy decides to publish this opinion today in an effort, I'm sure, to remind everyone not to touch your babysitter. Especiall...
Friday, November 07, 2008

Southern Union Co. v. Irvin (9th Cir. - Nov. 7, 2008)

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The jury initially awarded Southen Union Company (a corporate plaintiff) around $400,000 in compensatory damages against the not-very-nice c...
Thursday, November 06, 2008

U.S. v. Williams (9th Cir. - Nov. 6, 2008)

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Sometimes you're reversing the district court based upon an error it has committed and you sort of feel good about that. But sometimes ...
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