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.

Thursday, April 28, 2016

U.S. v. Adebimpe (9th Cir. - April 28, 2016)

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Woo-hoo!  The Ninth Circuit has published nothing for nearly a week.  Nothing last Friday.  Nothing on Monday and Tuesday.  A brief order ye...
Wednesday, April 27, 2016

Abuemeira v. Stephens (Cal. Ct. App. - April 27, 2016)

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Today's apparently Rich People's Lawsuit Day in the California Court of Appeal. Defendants and plaintiff are neighbors in a gated ...

Boxer v. City of [Redacted] (Cal. Ct. App. - April 26, 2016)

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The City plants 31 very pretty redwood trees in a local park.  Some homeowners in the area are not happy, however.  Because when those trees...
Tuesday, April 26, 2016

People v. McGehee (Cal. Ct. App. - April 26, 2016)

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Here's a neat little hypothetical that you might discuss in a class on criminal law.  Except for Mr. McGehee, it's not a hypothetica...
Monday, April 25, 2016

In Re H.R. (Cal. Ct. App. - March 25, 2016)

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"In November 2014, the Los Angeles County Department of Children and Family Services (DCFS) removed H.R. and his half sister J.R. from ...
Thursday, April 21, 2016

Estate of Barton v. ADT Security Svcs. Pension Plan (9th Cir. - April 21, 2016)

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Good for you, Judges Owens (who writes today's opinion ) and Kozinski.  Good for you. This is the type of opinion that Judge Ikuta -- ...

People v. Jimenez (Cal. Ct. App. - April 19, 2016)

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Justice Robie begins this opinion by saying:  "What people say behind your back is your standing in the community in which you live....
Wednesday, April 20, 2016

People v. Reid (Cal. Ct. App. - April 20, 2016)

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"Defendant Marc Lynds Reid II challenges his multiple felony convictions arising from his theft of nine metal urns containing the crema...

In Re Mia Z. (Cal. Ct. App. - April 20, 2016)

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"At some point during the day on May 12, 2014, [a three-year old child named] Destiny walked away from Mother’s apartment and ended up ...
Tuesday, April 19, 2016

People v. Lucero (Cal. Ct. App. - April 19, 2016)

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From this afternoon's opinion : "Ahmed Silmi frequently kept cash deposits from his businesses in the trunk of his Mercedes. . . ...
Monday, April 18, 2016

People v. Dunley (Cal. Ct. App. - April 18, 2016)

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"Appellant displayed a belief that he was God or 'God’s son in the flesh,' and reported hallucinations and hearing voices, whic...
Friday, April 15, 2016

DP Pham LLC v. Cheadle (Cal. Ct. App. - April 15, 2016)

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You've got some documents from a witness.  You're looking at them.  The documents themselves reveal that they're not privileged ...
Thursday, April 14, 2016

Vergara v. California (Cal. Ct. App. - April 14, 2016)

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You know something's up when the first five pages of an opinion are devoted to listed the various counsel and -- especially -- amici in...

In Re Marilyn Scheer (9th Cir. - April 14, 2016)

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Judge Owens gets colloquial in today's opinion.   It's definitely one worth reading .  Even wholly apart from the cultural reference...

People v. Weddington (Cal. Ct. App. - April 13, 2016)

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This is why you should lock your doors every time you leave your home.  Every time. "Sometime after Fernandez had left, Barba notice...
Wednesday, April 13, 2016

Tribble v. Edison Int'l (9th Cir. - April 13, 2016)

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Plaintiffs say that their employer violated ERISA by imprudently investing in and retaining certain mutual funds in their retirement plan.  ...
Tuesday, April 12, 2016

Karpinski v. Smitty's Bar, Inc. (Cal. Ct. App. - April 12, 2016)

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I wanted to write about this opinion from the Court of Appeal, if only because it involved Smitty's Bar.  Which sounds like a fake, mad...

U.S. v. Parnell (9th Cir. - April 12, 2016)

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One of the frustrating things about traditional law review articles in the modern era is that they're incredibly, incrediby long.  They...
Monday, April 11, 2016

ALDF v. FDA (9th Cir. - April 11, 2016)

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When every member of the panel thinks the case should go en banc, and says so -- as happens this morning -- my guess is that that's eve...
Friday, April 08, 2016

Jones v. Superior Court (Cal. Ct. App. - April 8, 2016)

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Here's a neat little case that might be of particular interest to readers in more rural areas.  Even for those readers who live and pra...
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