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, April 29, 2011

U.S. v. Maier (9th Cir. - April 27, 2011)

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Michael Maier is a police officer for the Navy.  He's stationed at the United States Naval Air Station at Lemoore, California.  He's...
Thursday, April 28, 2011

Forest Grove School Dist. v. T.A. (9th Cir. - April 27, 2011)

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A student in Oregon is getting Cs and Ds in high school.  His parents get him tested, and while the school says the kid doesn't have any...
Wednesday, April 27, 2011

People v. Jaska (Cal. Ct. App. - April 27, 2011)

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I wonder how one could use a business to commit pervasive tax fraud? Oh.  Like this . Now I get it.

People v. Schlimbach (Cal. Ct. App. - March 25, 2011)

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When the police want to shut down a bar (or in this case, a cafe), one of the ways to do it is to go in and see if they're repeatedly se...
Tuesday, April 26, 2011

Digerati Holdings v. Young Money Ent. (Cal. Ct. App. - April 26, 2011)

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Did you watch The Carter ?  Did you even know it existed?  Do you know who Dwayne Michael Carter, Jr. is?  Have you ever heard of Lil' W...

U.S. v. $186,416 in U.S. Currency (9th Cir. - April 26, 2011)

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The U.S. wins. Not too surprising.  But what is perhaps surprising is the underlying issue:  whether attorney fee awards under the Civil A...
Monday, April 25, 2011

Doe v. Superior Court (Cal. Ct. App. - April 20, 2011)

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I agree .  When you allow someone to sue as a Doe in order to preserve her identity -- here, for darn good reasons, since she's suing so...
Friday, April 22, 2011

People v. Varela (Cal. Ct. App. - March 29, 2011)

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The question is whether a "pocket bike" counts as a "motor vehicle" for purposes of a statute that criminalizes fleeing ...
Thursday, April 21, 2011

Perez-Mejia v. Holder (9th Cir. - April 21, 2011)

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It's not that Judge Wolf (sitting by designation from Massachusetts) gets this one wrong .  He doesn't.  Perez-Mejia was convicted o...
Wednesday, April 20, 2011

Bonfigli v. Strachan (Cal. Ct. App. - March 25, 2011)

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"This court's [] February 23rd opinion is modified to add the word 'not' to the second sentence of the first full paragraph...
Tuesday, April 19, 2011

Ceja v. Rudolph & Sletten (Cal. Ct. App. - April 19, 2011)

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What do you think about this one? It's a fairly simple legal inquiry.  California allows a "putative spouse" to sue for wron...
Monday, April 18, 2011

In Re Christopher F. (Cal. Ct. App. - April 18, 2011)

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There's a dispute as to whether Christopher F. is competent to assist his defense in juvenile proceedings accusing him of threatening t...

U.S. Fidelity & Guarantee Co. v. Lee Investments (9th Cir. - April 18, 2011)

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Want to see an appellant get absolutely crushed in an opinion?  Here you go . Judge Thomas is relentless.  There must be twenty or so diff...
Friday, April 15, 2011

Glaser Weil v. Goff (Cal. Ct. App. - April 15, 2011)

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Today was an up-and-down day for many people.  On the upside, even though it's April 15, your taxes were not due.  That's cool.  Tha...

U.S. v. Ewing (9th Cir. - April 7, 2011)

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You're a police officer.  You stop a car with expired tags.  There's a driver and two passengers.  You ask the occupants whether any...
Thursday, April 14, 2011

R.S. v. PacificCare Life & Health Ins. Co. (Cal. Ct. App. - April 12, 2011)

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This is why you need to pay attention in Civil Procedure when the professor is talking about res judicata. I know.  It's Latin.  It...

Franzen v. United States (9th Cir. - March 24, 2011)

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You learn something new every day. I teach my students about interpleader.  A wonderful remedy.  But I didn't know until reading this ...
Wednesday, April 13, 2011

People v. Brunette (Cal. Ct. App. - April 13, 2011)

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Michael Vick's got nothing on Robert Brunette : "This macabre case involves appalling animal cruelty. There are parallels between...

People v. Murdoch (Cal. Ct. App. - April 12, 2011)

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Want to see someone who's crazy, but who nonetheless was allowed to represent himself at trial? Here you go. This is not a guy who w...
Tuesday, April 12, 2011

U.S. v. Apodaca (9th Cir. - April 12, 2011)

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Child pornography is the new crack cocaine. By that, I don't mean it's incredibly addictive.  (Though with voyeurs with a penchant...
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