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, November 30, 2012

U.S. v. Arias-Espinosa (9th Cir. - Nov. 30, 2012)

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If all published Ninth Circuit opinions were this obviously correct , I'd have a lot less to write about.

Surfrider Foundation v. California Regional Water Quality Bd. (Cal. Ct. App. - Nov. 30, 2012)

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This is a big step forward for the proposed desalinization plant in Carlsbad . The Court of Appeal's opinion also seems right.  No pro...
Thursday, November 29, 2012

In Re Gilbert R. (Cal. Ct. App. - Nov. 29, 2012)

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A child outsmarts the California Legislature. You can't own a switchblade.  You can own a pocket knife.  The Legislature says that a k...
Wednesday, November 28, 2012

Alaska Survival v. Surface Trans. Bd. (9th Cir. - Nov. 28, 2012)

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This one  can be summarized fairly easily: "We granted a stay because we thought the environmentalists might win.  But we heard oral ...
Tuesday, November 27, 2012

U.S. v. Munguia (9th Cir. - Nov. 27, 2012)

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Smart panel.  Smart result .  Not an exceptionally bright defendant, but that's actually her only hope of staying out of prison.  Becaus...
Monday, November 26, 2012

U.S. v. Scott (9th Cir. - Nov. 26, 2012)

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The Ninth Circuit notes that letting the government deliberately violate briefing deadlines and fail to file substantive written oppositions...
Wednesday, November 21, 2012

Pouncil v. Tilton (9th Cir. - Nov. 21, 2012)

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I know that this opinion technically only concerns the statute of limitations.  But it looks like there's a nontrivial chance that some ...

U.S. v. Manning (9th Cir. - Nov. 21, 2012)

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Let me get this straight:  The Sentencing Commission says that denying a crime -- for example, telling your  probation officer "No, I d...
Tuesday, November 20, 2012

People v. Gonzalez (Cal. Ct. App. - Nov. 19, 2012)

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Possessing child pornography is worse than committing statutory rape.  At least according to the Court of Appeal . Agree?

U.S. v. Wiggan (9th Cir. - Nov. 20, 2012)

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Judge Ebel, sitting by designation from the Tenth Circuit, thinks it's okay to call grand jurors to testify to their deliberations in or...
Monday, November 19, 2012

People v. Sanders (Cal. Supreme Ct. - Nov. 19, 2012)

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There are some darn smart people on the California Supreme Court (and in their chambers). Take today's opinion, for example .  Check o...

City of Alhambra v. County of Los Angeles (Cal. Supreme Ct. - Nov. 19, 2012)

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When cities and counties spend tax money on lawyers to fight over allocating a limited pie of taxpayer funds, everyone loses.  By definition...
Friday, November 16, 2012

Hodjat v. State Farm (Cal. Ct. App. - Nov. 15, 2012)

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Allen and Helle Hodjat -- who own "Luxury Auto Sports" in Santa Fe Springs -- lose their appeal .  They should be glad.  Because i...
Thursday, November 15, 2012

People v. Luna (Cal. Ct. App. - Sept. 18, 2012)

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It's no defense to a statute that imposes a sentence of 15-to-life for raping someone during a kidnapping that when you initially kidnap...
Wednesday, November 14, 2012

U.S. v. Maloney (9th Cir. - Nov. 14, 2012)

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When I read the majority opinion by Judge Randy Smith , I thought it seemed right.  But then I read the dissent by Judge Gilman, sitting by ...
Tuesday, November 13, 2012

Richey v. AutoNation (Cal. Ct. App. - Nov. 13, 2012)

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The parties agree to arbitrate.  The arbitrator perceives the relevant law to be that expressed by the Seventh Circuit, and follows this law...

Cottonwood Duplexes v. Barlow (Cal. Ct. App. - Nov. 13, 2012)

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Oooh!  An opinion with plat maps !  Exciting. We call this the "hold out" problem in academia.  "Rent seeking."  You d...
Monday, November 12, 2012

Los Angeles Int'l Charter H.S. v. LAUSD (Cal. Ct. App. - Oct. 11, 2012)

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I'm ambivalent about charter schools.  Don't think they're nirvana.  Don't think they're the devil.  I see their upsides...
Friday, November 09, 2012

West Washington Properties v. California DOT (Cal. Ct. App. - Nov. 5, 2012)

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Call me crazy.  But before I spend ten million dollars or so to buy a building primarily because it has a huge wallscape facing I-10, I'...
Thursday, November 08, 2012

People v. Verduzco (Cal. Ct. App. - Nov. 8, 2012)

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Information about how to manufacture methamphetamine is already available over the internet.  And thanks to Justice Johnson, step-by-step in...
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