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.

Tuesday, July 31, 2012

Seltzer v. Paul Revere Life Ins. Co. (9th Cir. - July 18, 2012)

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I wouldn't have certified this question to the Arizona Supreme Court . It's a fact-bound issue in a diversity case:  Whether, in t...
Monday, July 30, 2012

People v. Tully (Cal. Supreme Ct. - July 30, 2012)

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There are four lessons one can glean from this case : (1)  Good police work is awesome to see.  Check out pages 19 to 21.  Wonderful work ...
Friday, July 27, 2012

Castaneda v. Department of Corrections (Cal. Ct. App. - July 26, 2012)

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I'll end the week with a story.  A story based on this opinion from earlier today .  I'll enhance some of the dialogue a little bit....
Thursday, July 26, 2012

Latif v. Holder (9th Cir. - July 26, 2012)

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What do you do if you're on the no-fly list but you think you shouldn't be ? That's a fairly substantial question.  Not for th...

California Communities Against Toxics v. EPA (9th Cir. - July 26, 2012)

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Count me as someone who agrees with the Ninth Circuit in this case that the appropriate remedy is to remand the case (as both parties recog...
Wednesday, July 25, 2012

In Re Tapia (Cal. Ct. App. - July 18, 2012)

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This seems right to me . There may well be some people who think that Alex Tapia has served his time -- almost twenty years in prison -- f...
Tuesday, July 24, 2012

Pacific Ship Repair v. OWCP (9th Cir. - July 24, 2012)

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Judge McKeown begins this opinon by saying: "The meaning of 'permanent' appears, at first blush, to be clear. But just as a ...

People v. McKee (Cal. Ct. App. - June 24, 2012)

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When you read old cases -- and I mean, really old cases, like from the early 1800s -- you're often struck by how oddness of the reasoni...
Monday, July 23, 2012

Chula Vista v. Gutierrez (Cal. Ct. App. - July 3, 2012)

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Who's going to agree to serve as a receiver when you're (not) paid like this ? Not me, that's for sure. (And don't think...
Friday, July 20, 2012

Baughman v. Walt Disney World Co. (9th Cir. - July 18, 2012)

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Chief Judge Kozinski begins this opinion with:  "Segways at Disneyland?  Could happen."  And then proceeds, in classic Kozinski f...
Thursday, July 19, 2012

People v. Lara (Cal. Supreme Ct. - July 19, 2012)

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I figure that I must be in a good mood today.  I reach that conclusion based upon wholly objective indicia.  In particular, earlier today, I...
Wednesday, July 18, 2012

Hester v. Vision Airlines (9th Cir. - July 18, 2012)

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It's the summertime.  Few academic responsibilities apart from writing.  Living in San Diego, where the weather is perfect.  Staring at ...

In Re Guardianship of Vaughn (Cal. Ct. App. - July 18, 2012)

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Wouldn't it be cool if we could just live off the grid?  No job, no electricity, sleeping in tents in forests up in Humboldt County.  Li...
Tuesday, July 17, 2012

Goldstone v. County of Santa Cruz (Cal. Ct. App. - July 17, 2012)

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Owner of mobilehome park:  "I know that the vote of the mobilehome owners in my park was 119 to 2 against converting the place, but rea...
Monday, July 16, 2012

U.S. v. Pariseau (9th Cir. - July 16, 2012)

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Alaska's a beautiful place.  Cold.  But beautiful. So there are definitely upsides of living there.  Cash, too:  No income tax and mon...

People v. Riccardi (Cal. Supreme Ct. - July 16, 2012)

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The unanimous opinion in this one is correct .  So is Chief Justice Cantil-Sakauye's concurrence (joined by three other justices).  So i...
Friday, July 13, 2012

In Re O.P. (Cal. Ct. App. - July 13, 2012)

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Wow . You'll rarely read a more strongly worded -- and powerful -- opinion than this one. There are only a few opinions that make me...

Dennis v. Berg (9th Cir. - July 13, 2012)

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Here's a wide-ranging opinion that disapproves a class action settlement -- alongside the award of attorney's fees therein.  It sho...
Thursday, July 12, 2012

In Re ATM Fee Antitrust Litigation (9th Cir. - July 12, 2012)

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Imagine that there's an illegal conspiracy to inflate the fees paid when a consumer uses an ATM machine owned by a different bank than t...

Michelman v. Lincoln Ins. Co. (9th Cir. - July 12, 2012)

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If you want to harken back to your first year of law school, and love reading a good interpleader case, here you go. It's the story of...
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