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, July 29, 2016

Munoz Santos v. Thomas (9th Cir. - July 28, 2016)

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One possible view of this en banc opinion is to perceive it as a classic liberal/conservative split in which the former outnumber the latt...
Thursday, July 28, 2016

Sandquist v. Lebo Automotive (Cal. Supreme Ct. - July 28, 2016)

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You get bonus cash if you can guess the alignment of the justices in today's opinion . The question is who gets to decide whether or n...
Wednesday, July 27, 2016

People v. J.E. (Cal. Ct. App. - July 20, 2016)

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From this opinion : "Minor’s [and] two of his friends. . . . entered an Oakland home through a back window and rear door and took a w...
Tuesday, July 26, 2016

People v. Superior Court (Cal. Ct. App. - July 25, 2016)

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This opinion has been a long time coming . It may also be one of, if not the, most important opinions of the month. At issue is whether ...
Thursday, July 21, 2016

Martin v. Yasuda (9th Cir. - July 21, 2016)

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The Ninth Circuit concludes today that the defendant waived its right to arbitrate.  And it's exactly right.  This is, indeed, a pretty...
Wednesday, July 20, 2016

Kaur v. Things Remembered, Inc. (9th Cir. - July 20, 2016)

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Well now here's a strange one . I was wondering when I read it why the Ninth Circuit published the order.  It's an incredibly shor...
Tuesday, July 19, 2016

Barrientos v. Lynch (9th Cir. - July 19, 2016)

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The Ninth Circuit holds that the "mailbox rule" applies to petitioners who seek relief from deportation and who are in detention a...
Monday, July 18, 2016

Louisiana Municipal PERS v. Wynn (9th Cir. - July 18, 2016)

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Opinions like this one today seem to me the twenty-first century equivalent of trying to figure out how many angels can dance on the head o...
Thursday, July 14, 2016

Janice H. v. 696 North Robertson LLC (Cal. Ct. App. - July 13, 2016)

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"Plaintiff went to Here Lounge to wait for her friend. At the time, Here Lounge was a very popular West Hollywood dance club and bar. O...

Lyons v. Michael & Assocs. (9th Cir. - June 8, 2016)

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I'm not sure how anyone could reasonably disagree with Judge Nguyen's opinion here. The Fair Debt Collection Practices Act says th...
Wednesday, July 13, 2016

Lkhagvasuren v. Lynch (9th Cir. - July 13, 2016)

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I feel bad the guy.   Otgonbayar Lkhagvasuren came to the United States from Mongolia on a vistor's visa in 2010 and subsequently appli...

In Re Grand Jury Subpoena (9th Cir. - July 13, 2016)

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The Ninth Circuit today issues an opinion  that decides important issues about a grand jury subpoena issued for e-mails sent to and from a p...
Tuesday, July 12, 2016

People v. Ranlet (Cal. Ct. App. - July 11, 2016)

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Usually I'm impressed with how adult investigators can trick pedophiles into incriminating themselves by pretending to be someone they a...
Monday, July 11, 2016

People v. Yang (Cal. Ct. App. - July 11, 2016)

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Justice Hoch begins today's opinion by the Court of Appeal by saying: "In this case, we conclude the death of a structure's ...

ESG Capital Ventures v. Venable LLP (9th Cir. - July 11, 2016)

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This morning's opinion definitely doesn't reflect the best transactional work that Venable ever did. The opinion itself contains...
Friday, July 08, 2016

Aguayo v. Hayes (9th Cir. - July 8, 2016)

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There are several things that seem unseemly about this case .  Including but not limited to the one that the panel articulates at the end of...
Thursday, July 07, 2016

Brooks v. Clark County (9th Cir. - July 7, 2016)

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I'm reading Judge O'Scannlain's otherwise unremarkable opinion this morning -- he says that bailiffs don't have absolute im...
Wednesday, July 06, 2016

U.S. v. Phillips (9th Cir. - July 6, 2016)

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Everyone on the panel agrees that defendant's arguments are meritless.  So much so that the panel doesn't even need oral argument; t...
Tuesday, July 05, 2016

People v. Trevino (Cal. Ct. App. - July 5, 2016)

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Today's holding by the Court of Appeal holds that a "house car" by any other name still qualifies as a castle.  And hence qua...
Friday, July 01, 2016

Brooks v. Mercy Hospital (Cal. Ct. App. - July 1, 2016)

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Some appeals are hard.  Some are absurdly easy. This is an example of the latter . I'm not even sure how the trial court gets this o...
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