California Appellate Report

I was moved by the introductory paragraphs of this opinion by Judge Gould .  They're really poetic.  They paint an incredibly attractive...

There's not much of note today; indeed, there's nothing at all new published by the Ninth Circuit or the California Court of Appeal....

Del Grace was a probationary school teacher in Beaumont.  A California statute says that if a school district isn't going to rehire a pr...

It's somewhat amusing to see all this effort over whether a dude in prison can read an awful book about a chick who kills warewolves.  ...

The first twenty pages of this opinion are, in my view, simply amazing . They are perfect.  The writing is crisp.  The analysis is clear. ...

My sense is that I wasn't the only one who thought ( as I said here ) that the dissent had the better of the argument in this one . Th...

It's a death penalty case , and they're assembling an impartial jury.  They ask the jurors various questions on a written questionna...

Here's a case that I would have decided the other way. Debtor loses a $90,000 judgment at trial, so creditor is entitled to execute on...

You see?  Defendants sentenced to death in the Ninth Circuit really do die. Mind you, the defendant here -- Milo Stanley -- was sentenced...

I think the Court of Appeal is a little bit slippery in this one .  It really skimps over the central argument that the National Football Le...

It's not been a good couple of days if you're Safeway. Yesterday, Safeway lost Heyen , an individual wage-and-hour case that Safe...

My interest in cases like this one has definitely increased during the past month or so. The Court of Appeal gets it right .  Moreover, it...

When you are a repeat player in the justice system,  you've got to do better than this. If you are the California Attorney General, t...

I am exhausted. Not over the stuff you might think.  Though that might assuredly play a part. Rather, I am spent -- spent , I tell you -...

I have a couple of reactions to the underlying facts of this case .  So I thought others might be interested in those facts as well: ...

Regular readers may notice that I have been very light on posts this week.  In fact, I must forthrightly confess that I have probably read f...

Not too long ago, I litigated an appeal in which the attorney for the defendant (Jan Chilton) was the same one as in this appeal. l.  I fou...

I'm not sure how the Massachusetts officials who (allegedly) decided not to extradite Daniel Tavares could possibly have made that deci...

Doesn't the Court of Appeal find it somewhat ironic that the County of Tulare adopted -- and the Court of Appeal affirmed -- an ordinan...

There's a dissent in this Section 1983 police excessive force case .  The panel consists of Judges O'Scannlain, Trott and Clifton.  ...