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.

Monday, February 29, 2016

City of Corona v. AMG Outdoor Advertising, Inc. (Cal. Ct. App. - Jan. 26, 2016)

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The City of Corona has banned all new billboards, but grandfathered old billboards.  AMG owns and operates some billboards, and wants to put...

Taylor v. Beard (9th Cir. - Jan. 21, 2016)

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That's a crush. In 2014, a Ninth Circuit panel issues an opinion that grants habeas relief.  Judge Schroeder writes the majority opin...
Friday, February 26, 2016

Reading Int'l v. The Malulani Group (9th Cir. - Feb. 25, 2016)

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How often do you see the Ninth Circuit strike a reply brief?  Not often, I'd imagine.  But then again, how often do you see the Ninth Ci...
Thursday, February 25, 2016

People v. Garcia (Cal. Supreme Ct. - Feb. 25, 2016)

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I was critical of the Court of Appeal's opinion when it came out a couple of years ago .  Today, the California Supreme Court reveals th...
Wednesday, February 24, 2016

Nozzi v. HACLA (9th Cir. - Jan. 29, 2016)

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When you're planning on filing an amicus brief, it's often better to make it short and to the point, rather than long and plodding. ...
Tuesday, February 23, 2016

Oregon Restaurant & Lodging Ass'n v. Perez (9th Cir. - Feb. 23, 2016)

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The dispute is about statutory interpretation and Chevron  deference.  Particularly as applied to circuit precedent. Prompting a serious d...
Monday, February 22, 2016

Bennett v. Bank Melli (9th Cir. - Feb. 22, 2016)

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I'm not sure I'm smart enough to figure this one out. Judge Kozinski authors an opinion in August of 2015.  It's unanimous.  ...
Friday, February 19, 2016

CIFAC v. Ross Valley Sanitary Dist. (Cal. Ct. App. - Feb. 18, 2016)

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This makes sense. I'm not talking about the opinion.  Though that makes sense as well.  I'm talking about the underlying factual r...
Thursday, February 18, 2016

People v. Goolsby (Cal. Ct. App. - Feb. 18, 2016)

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The saga continues.  Or, perhaps, ends. It starts (for our purposes) in 2013 .  Then continues in 2014 .  With a twist in 2015 . But the...

Sifuentes v. Brazelton (9th Cir. - Feb. 18, 2016)

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The prosecutor in a first-degree murder case uses his peremptory challenges to strike nine African-American jurors, leaving only one African...
Wednesday, February 17, 2016

Sarver v. Chartier (9th Cir. - Feb. 17, 2016)

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This opinion will affect your life . Not in a big way.  At all.  But it'll affect the types of movies you see. The Ninth Circuit ess...
Tuesday, February 16, 2016

Younessi v. Woolf (Cal. Ct. App. - Feb. 16, 2016)

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As the legal world continues to buzz about potential nominees to replace Justice Scalia, the hum-drum business of actually deciding appeals ...
Friday, February 12, 2016

People v. McCarthy (Cal. Ct. App. - Feb. 11, 2016)

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A statute says that you can impose a particular form of restitution "for felony violations of" Statute X. Defendant is convicted...

In Re Donovan L. (Cal. Ct. App. - Feb. 11, 2016)

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"Shannon was married to Donovan at the time of DJ's conception in 2010 and birth in 2011. In 2010, Shannon had an affair with David...
Wednesday, February 10, 2016

Catalina Island Yacht Club v. Superior Court (Cal. Ct. App. - Dec. 4, 2015)

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Nothing from the Ninth Circuit or California Court of Appeal so far today. So let's go back a tiny bit and give a cheer for Justice Ar...
Tuesday, February 09, 2016

Daire v. Lattimore (9th Cir. - Feb. 9, 2016)

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Some en banc  opinions are hard.  Some en banc  opinions are easy. Today's opinion is an example of the latter . The panel felt itse...
Monday, February 08, 2016

In Re Village of Lakeridge (9th Cir. - Feb. 8, 2016)

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I think Judge Clifton is right . It's not that Judge Randy Smith doesn't have a point.  It's a bankruptcy case, and the centra...
Friday, February 05, 2016

Stuard v. Stuard (Cal. Ct. App. - Jan. 5, 2016)

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I'm looking at the caption of the case .  "Stuard v. Stuard".  Divorce case, I assume. Except it's Jeffrey Stuard v. Mat...
Thursday, February 04, 2016

Smith v. Schiro (9th Cir. - Feb. 4, 2016)

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An test that Robert Smith took when he was 15 years old (in 1964) indicated that he had an I.Q. of 62.  One that he took later that year ind...
Wednesday, February 03, 2016

People v. Valenzuela (Cal. Ct. App. - Feb. 3, 2016)

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Defendant carjacks someone, pushing the victim down while her six-year old child stood by crying.  Defendant then speeds off in the vehicle,...
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