Wednesday, October 31, 2012

In Re Destiny S. (Cal. Ct. App. - Oct. 31, 2012)

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You read lots of cases in which DCFS is way, way too late in taking a child away from abusive parents. And then there are cases like this ...

Ayyad v. Sprint Spectrum LLP (Cal. Ct. App. - Oct. 29, 2012)

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These are the best lawyers that Sprint can hire in a huge, multi-million dollar (and successful) class action case?  Seriously?  And those l...

Tuolomne Jobs & Small Business Alliance v. Superior Ct. (Cal. Ct. App. - Oct. 30, 2012)

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When you write an opinion that creates an express conflict with another opinion from the Court of Appeal, you'd better write a pretty go...
Tuesday, October 30, 2012

Fink v. Shemtof (Cal. Ct. App. - Oct. 24, 2012)

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I'm glad that Justice Fybel decided to publish this opinion .  I think it meets the definitely meets the standards for publication. De...
Monday, October 29, 2012

Laurel Park Community LLC v. City of Tumwater (9th Cir. - Oct. 29, 2012)

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This may well be the most well-written opinion I've read this year .  (And I've read a lot.) I'm not talking about substance. ...
Friday, October 26, 2012

People v. Delgado (Cal. Ct. App. - Oct. 26, 2012)

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Congratulations, Mr. Delgado.  The Court of Appeal rejected the Attorney General's argument that your appeal should be dismissed because...
Thursday, October 25, 2012

In Re Maricela (Cal. Ct. App. - Oct. 25, 2012)

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You think your daughter doesn't respect your authority and is occasionally "out of control"?   Compare her to Maricela H. to g...

People v. BNSF R.R. (Cal. Ct. App. - Oct. 16, 2012)

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The California Public Utilities Commission passed an order that essentially says that railroads can't block an intersection for more tha...
Wednesday, October 24, 2012

People v. Jackson (Cal. Ct. App. - Oct. 24, 2012)

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This makes total sense . Just because your marijuana collective is huge -- here, 1600 people -- doesn't mean that it's not a legit...

In Re Marriage of Barth (Cal. Ct. App. - Oct. 22, 2012)

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Jeffrey Barth gets divorced from his ex-wife, and she wants child support.  She files for divorce in Ohio, and Jeffrey litigates for years -...
Tuesday, October 23, 2012

Martinez v. Robledo (Cal. Ct. App. - Oct. 23, 2012)

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Pets rule.  At least according to the Court of Appeal . The traditional rule is that you determine a plaintiff's loss by the market va...

Chesbro v. Best Buy (9th Cir. - Oct. 18, 2012)

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From the "No Duh" files: You can't get around the prohibition on commercial robo-calls by saying that you're calling you...
Monday, October 22, 2012

Center for Biological Diversity v. BLM (9th Cir. - Oct. 22, 2012)

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Freaking Ninth Circuit.  Don't they know that gasoline is five dollars a gallon! A natural energy company wants to build a natural gas...
Friday, October 19, 2012

Garfias-Rodriguez v. Holder (9th Cir. - Oct. 19, 2012)

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Chief Judge Kozinski says that this en banc opinion -- which has six different authors articulating six different views -- fails the en ba...

In Re: Christina Adams and Jack A. (Cal. Ct. App. - Oct. 16, 2012)

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Father and Mother have a child.  The child has Asperger's Syndrome, a high-functioning form of autism.  Father and Mother get divorced. ...
Thursday, October 18, 2012

People v. Walker (Cal. Ct. App. - Oct. 18, 2012)

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I'm confused. Justice Duffy's opinion in this case seems to correctly analyze the facts.  Police officers detain Everett Walker --...

People v. Mills (Cal. Supreme Ct. - Oct. 18, 2012)

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Would you find the following defendant to be sane?  Would you agree with the defense that he was only guilty of manslaughter -- not murder -...
Wednesday, October 17, 2012

People v. Brown (Cal. Ct. App. - Oct. 17, 2012)

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Do you think a B.B. gun is a "deadly weapon"? To be more precise:  Does a B.B. gun qualify as a "deadly weapon" pursua...

People v. Rutterschmidt (Cal. Supreme Ct. - Oct. 15, 2012)

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Clearly it doesn't take a genius to defraud insurance companies out of millions of dollars.  Case in point . Admittedly, as here, you ...
Tuesday, October 16, 2012

Gorlach v. Sport Club (Cal. Ct. App. - Oct. 16, 2012)

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Susan Gorlach should become a lawyer.  She's clearly got what it takes. Susy Gorlach is the Human Resources Director at the Sports Clu...