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, July 29, 2011

Phillips, Spallas & Angstadt LLC v. Fotouhi (Cal. Ct. App. - July 27, 2011)

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Here's a classy set of attorneys .  The facts: "In November 2000, [Shahab E.] Fotouhi entered into a partnership agreement with P...
Thursday, July 28, 2011

People v. Gonzalez & Soliz (Cal. Supreme Ct. - July 28, 2011)

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You know that when you click on the link to an opinion from the California Supreme Court and it takes fifteen seconds to load, it's prob...

TrafficSchool.com v. EDriver, Inc. (9th Cir. - July 28, 2011)

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This case is interesting enough on its own , and involves whether the district court was allowed to require a private, for-profit entity (Tr...
Wednesday, July 27, 2011

Misik v. D'Arco (Cal. Ct. App. - July 27, 2011)

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I like this rule .  You can add an individual as the alter ego of a corporate defendant that was found liable pursuant to Section 187 of the...
Monday, July 25, 2011

Semler v. General Electric Capital (Cal. Ct. App. - June 29, 2011)

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Some cases are pretty easy. Plaintiff says he was discriminated against because GE Capital refused to invest in a company if plaintiff was...
Friday, July 22, 2011

Conservation Force v. Salazar (9th Cir. - July 22, 2011)

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Two hunters wanted to bring in leopard skins and skulls from their recent hunting trips in Africa, but didn't have the required permits,...

California Parking Services v. Soboba Band (Cal. Ct. App. - July 20, 2011)

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This is why you get an attorney to review your contract .  Especially when your contract is with an Indian tribe. Sovereign immunity.  It...
Wednesday, July 20, 2011

People v. Rushing (Cal. Ct. App. - July 20, 2011)

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Here's what happens in the movies when you're driving your car and come across a group of inner city youths who are playing in the ...
Tuesday, July 19, 2011

U.S. v. Bagdasarian (9th Cir. - July 19, 2011)

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Here's a classic Judge Reinhardt opinion .  It's joined by Chief Judge Kozinski and reverses the conviction of Walter Bagdasarian fo...

In Re Corrinet (9th Cir. - July 19, 2011)

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I'm trying to figure out if it's a word I've never heard of or a typo . Judge Tashima writes an opinion and cites to a dissent...
Monday, July 18, 2011

Zapara v. CIR (9th Cir. - July 18, 2011)

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This makes sense . Michael and Gina Zapara run a fraudulent check-cashing scheme and, among other things, owe the IRS $450,000 from it.  (...
Friday, July 15, 2011

AIDS Healthcare Foundation v. LA County of Public Health (Cal. Ct. App. - July 15, 2011)

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If you want porn stars to wear condoms, you have to ask the Legislature and/or California OSHA.  The judiciary isn't the right entity to...

Fairbanks v. Farmers New World Life Ins. Co. (Cal. Ct. App. - July 13, 2011)

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Here's a pretty darn good discussion of the difference between term versus "universal" life insurance.  As well as pretty goo...
Thursday, July 14, 2011

In Re Mickel O. (Cal. Ct. App. - July 13, 2011)

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It's easy to get jaded in dependency cases.  So many abused children.  So much abuse.  So few easy solutions. But lest one think that ...

Save the Plastic Bag Coalition v. City of Manhattan Beach (Cal. Supreme Ct. - July 14, 2011)

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City of Manhattan Beach versus Plastic Bags .  Plastic Bags win procedurally.  Manhattan Beach wins on the merits. A pretty city is made e...
Wednesday, July 13, 2011

Kunde v. Seiler (Cal. Ct. App. - July 13, 2011)

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Yesterday I was doing an oral argument before the Court of Appeal in a pro bono case and there were two cases before mine, so -- having not...

FIC v. Union Pacific R.R. (9th Cir. - July 13, 2011)

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Judge Fisher begins this opinion with the sentence: "This is another maritime case about a train wreck." Ho ho ho.  I like a ...
Tuesday, July 12, 2011

Brown v. Horell (9th Cir. - July 12, 2011)

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See if you think this is going to end well : "Victor Jones and his wife Cheryl, checked into room 207 at the Gold Rush Inn . . . . Pr...
Monday, July 11, 2011

U.S. v. Quinzon (9th Cir. - July 11, 2011)

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I agree that it's a hassle to have your computer activities monitored.  That's pretty intrusive.  It provides a pretty good glimpse ...
Friday, July 08, 2011

U.S. v. Gonzalez-Melchor (9th Cir. - July 8, 2011)

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We're pretty hard core about not allowing federal judges to engage in plea negotiations.  Or, on the civil side, settlement negotiations...
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