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, February 27, 2009

Genethera v. Troy & Gould, PC (Cal. Ct. App. - Feb. 27, 2009)

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I don't know what attorney was advising Genethera -- the plaintiff -- and told it that it'd be a good idea to file a lawsuit agains...

McCoy v. Progressive Ins. Co. (Cal. Ct. App. - Feb. 26, 2009)

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Maybe the owner burned his own car up. Maybe he didn't, and it was indeed stolen as he claims. When there's not every much evidence...
Thursday, February 26, 2009

Nazari v. Ayrapetyan (Cal. Ct. App. - Feb. 26, 2009)

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What partions of the following do you think come from a real case, and what parts come from an absurd law school hypothetical: "On Marc...
Wednesday, February 25, 2009

People v. Hayes (Cal. Ct. App. - Feb. 25, 2009)

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What does "sharp" mean? It's not just an epistomological, linguistic or abstract question. It matters. Like here. The defen...
Tuesday, February 24, 2009

People v. Bunyard (Cal. Supreme Ct. - Feb. 23, 2009)

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This is not the longest death penalty opinion by the California Supreme Court (by far), and tops out at only 33 double-spaced pages . But I ...
Monday, February 23, 2009

McKay v. Ingleson (9th Cir. - Feb. 23, 2009)

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The Ninth Circuit has said it once, and they'll say it again (and again). You've got to pay your student loans. Even if you go bankr...

Soto-Olarte v. Holder (9th Cir. - Feb. 23, 2009)

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Want to see how you "distinguish" (read: overrule) prior circuit holdings without an intervening Supreme Court decision? Here...
Friday, February 20, 2009

Video Software Dealers Ass'n v. Schwarzenegger (9th Cir. - Feb. 20, 2009)

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Seventeen-year old lovers of violent video games such as Grand Theft Auto: Vice City and Death Nukem 3D can rest easy. You've got a c...
Thursday, February 19, 2009

Christler v. Express Messenger Systems (Cal. Ct. App. - Feb. 11, 2009)

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Contrary to the perception of some, not every class action settles. They don't always prevail at trial either. Here's an example . P...

Calemine v. Samuelson (Cal. Ct. App. - Feb. 17, 2009)

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Just some practical advice for the day. When you're selling a home, and there's been a lawsuit about alleged damage to the home, don...
Wednesday, February 18, 2009

People v. Murillo (Cal. Ct. App. - Feb. 18, 2009)

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Here are some teasers to try to persuade you to read this case : (1) It's about a 21 year old woman having sex with a 16 year old boy, ...

David A. Karton, A Law Corporation v. Dougherty (Cal. Ct. App. - Feb. 17, 2009)

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Here's a case that reminded me of the old saying: "Pigs get fat. Hogs get slaughtered." It's a case involving a default...
Tuesday, February 17, 2009

Affiliated FM Ins. v. LTK Consulting (9th Cir. - Feb. 17, 2009)

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It's the Tuesday after a long weekend. What better day to sluff off some work?! Or, to use the lingo we employ in the federal judiciar...

Winterrowd v. American General Annuity Ins. Co. (9th Cir. - Feb. 17, 2009)

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Ever litigate a case in a federal district court outside your state? Lots of us have. Ever consult and/or help another lawyer in one of th...
Monday, February 16, 2009

U.S. v. Autery (9th Cir. - Feb. 13, 2009)

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With all the relevant holidays, it's been fairly slow lately in the appellate world. Nonetheless, here's something to think about a...
Thursday, February 12, 2009

Musladin v. Lamarque (9th Cir. - Feb. 12, 2009)

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Let me put today's 35-page (single-spaced) opinion from the Ninth Circuit a slightly different way than Judge Berzon does: "We pre...
Wednesday, February 11, 2009

Citizen of Humanity v. Costco (Cal. Ct. App. - Feb. 11, 2009)

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Here's an example of an appellate court that has a great deal of common sense and, for this reason, the ability to peer through faciall...

Cotton v. Expo Power Systems (Cal. Ct. App. - Feb. 9, 2008)

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Want to see a case where both sides might as well flush money down the toilet for all it accomplishes? Here you go.
Tuesday, February 10, 2009

U.S. v. Cruz (9th Cir. - Feb. 10, 2009)

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I like how Judge Reinhardt begins this one : "At first glance, there appears to be something odd about a court of law in a diverse nat...
Monday, February 09, 2009

Jamgotchian v. Slender (Cal. Ct. App. - Feb. 9, 2009)

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My wife and I used to live very close to the Del Mar race track , which we saw during our daily walk around the neighborhood. Notwithstandi...
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