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, August 30, 2013

Dromy v. Lukovsky (Cal. Ct. App. - Aug. 30, 2013)

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This opinion resolves a straightforward question:  What are "normal business hours"? The Court of Appeal hold that "normal...
Thursday, August 29, 2013

In Re Flores (9th Cir. - Aug. 29, 2013)

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They've been on the Ninth Circuit together for nearly 20 years.  They've been on innumerable en banc courts together during this pe...

People v. Dowl (Cal. Supreme Court - Aug. 29, 2013)

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It's not that the California Supreme Court gets this one wrong .  It doesn't.  It's exactly right that the defendant forfeited a...
Wednesday, August 28, 2013

E.R.K. v. State of Hawaii Dep't of Education (9th Cir. - Aug. 28, 2013)

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From the statutory text, it seems that when Congress passed the IDEA, it wanted disabled students to be receive the same (or equivalent) edu...
Tuesday, August 27, 2013

Roldan v. Callahan & Blaine (Cal. Ct. App. - Aug. 27, 2013)

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This opinion is total common sense . Plaintiffs are elderly Section 8 recipients who want to sue their attorney for allegedly pressuring ...

Oshodi v. Holder (9th Cir. - Aug. 27, 2013)

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Judge Reinhardt writes an immigration decision that Judge Rawlinson doesn't like.  So the latter files an opinion that "distinguish...
Monday, August 26, 2013

U.S. v. Hilger (9th Cir. - Aug. 26, 2013)

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I've always thought that the Opper  rule was something of an odd duck.  That principle basically says that you can't convict someone...
Friday, August 23, 2013

People v. Estes (Cal. App. Div. - Aug. 23, 2013)

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I generally like the published opinions of the Appellate Division of the Superior Court.  Because there are so few of them, the ones that ge...
Thursday, August 22, 2013

Barry v. State Bar (Cal. Ct. App. - Aug. 22, 2013)

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For a full 24 hours after I read this opinion , my thought about it was this: I don't even understand it.  It's incomprehensible. ...
Wednesday, August 21, 2013

Smith v.Clark County School Dist. (9th Cir. - Aug. 21, 2013)

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Judge Gould correctly holds that it was permissible for the district court to reconsider (and reverse) its prior decision on a summary judg...
Tuesday, August 20, 2013

People v. Nguyen (Cal. Ct. App. - Aug. 20, 2013)

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Read this opinion .  It involves a hearing to determine whether Vinh Nguyen was a Sexually Violent Predator (SVP) who should continue to be ...

People v. Martinez (Cal. Supreme Ct. - Aug. 8, 2013)

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The legal issue is what you have to show in order to get relief when the trial judge doesn't tell you -- as the statute requires -- that...
Monday, August 19, 2013

Hayes v. City of San Diego (Cal. Supreme Ct. - Aug. 19, 2013)

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One of the downsides of certifying questions to state court -- as the Ninth Circuit has increasingly done -- is that it may take some time t...
Friday, August 16, 2013

Griffin v. Harrington (9th Cir. - Aug. 16, 2013)

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I admit that I too would be a bit flummoxed if a witness said "No" to the standard question (at the outset of his testimony) as to...

California Science Center v. State Personnel Board (Cal. Ct. App. - Aug. 16, 2013)

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I often mention that one of the downsides of filing an appeal of an adverse ruling in the trial court is that it may end up in a published o...
Thursday, August 15, 2013

People v. Persolve LLC (Cal. Ct. App. - Aug. 15, 2013)

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A debt collector (and its attorneys) engages in conduct expressly prohibited by both the California and the federal Fair Debt Collection Pra...

In Re Patrick S. (Cal. Ct. App. - Aug. 15, 2013)

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Proof that judges are often parents as well : "At the time of the dispositional hearing, P.S. was 13 years old. He was entitled to ha...
Wednesday, August 14, 2013

Thrifty Payless v. The Americana at Brand (Cal. Ct. App. - Aug. 14, 2013)

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I've previously noted the Ninth Circuit's recent infatuation with the word "eponymous". Today the California Court of A...

In Re Brown (Cal. Ct. App. - Aug. 14, 2013)

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There are two surprising things about this case.  Or, more accurately, there are two things that should  be surprising, and what's surp...
Tuesday, August 13, 2013

Albanese v. Menounos (Cal. Ct. App. - Aug. 7, 2013)

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Just because you cut the hair of a B-list celebrity does not make you  a celebrity .
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