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.

Tuesday, February 28, 2017

People v. Acuna (Cal. Ct. App. - Feb. 28, 2017)

›
The justices on the Court of Appeal want you to make their jobs easier, not harder.  So try to do so.  If only because, if you fail, you ris...

U.S. v. Lindsay (9th Cir. - Feb. 27, 2017)

›
I'm impressed. The panel's original opinion was filed around a year ago.  I thought that some of Judge Gould's opinion was sp...
Thursday, February 23, 2017

People v. Nicolas (Cal. Ct. App. - Feb. 23, 2017)

›
Don't text and drive. It's good counsel.  For a plethora of reasons.  For one, you don't want to kill (or even harm) anyone as...
Wednesday, February 22, 2017

Vieira Enterprises v. McCoy (Cal. Ct. App. - Feb. 22, 2017)

›
These sentences from today's opinion neatly encapsulate why Property was the least favorite of my first-year classes in law school:  (T...
Tuesday, February 21, 2017

People v. Camel (Cal. Ct. App. - Feb. 21, 2017)

›
It's a sign of bad things if you have a car parked on your front lawn.  Driveway:  Fine.  Carport or garage:  Perfect.  But front lawn: ...
Monday, February 20, 2017

People v. Smith (Cal. Ct. App. - Feb. 17, 2017)

›
"Defendant and another man went to a drug dealer’s home for the purpose of purchasing a quarter-pound of methamphetamine. Defendant was...
Thursday, February 16, 2017

Bank of New York Mellon v. Citibank (Cal. Ct. App. - Feb. 16, 2017)

›
When I saw the caption of this case -- which I read before even booting up the opinion -- I thought the case was going to be a huge  one.  ...
Wednesday, February 15, 2017

Samara v. Matar (Cal. Ct. App. - Feb. 15, 2017)

›
Every single word of this opinion from earlier today is correct . And the Supreme Court should nonetheless grant review of the opinion.  O...
Tuesday, February 14, 2017

In re Miles (Cal. Ct. App. - Feb. 10, 2017)

›
I had to read this modification three times before I finally understood it: "On page 9, second full paragraph, change the following ...
Monday, February 13, 2017

Geraghty v. Shalizi (Cal. Ct. App. - Feb. 10, 2017)

›
Nothing at all from the Ninth Circuit or the California appellate courts today.  It's a slow Monday.  I presume everyone's gearing u...
Thursday, February 09, 2017

State of Washington v. Trump (9th Cir. - Feb. 9, 2017)

›
I don't typically spill a lot of (virtual) ink on Ninth Circuit decisions that are already going to receive a fair amount of public atte...

People v. Price (Cal. Ct. App. - Feb. 9, 2017)

›
"Defendant Kiarra Marie Price, then 20 years old, along with two friends, participated in a robbery of Benjamin Merrill during which on...
Wednesday, February 08, 2017

In Re Marriage of Schleich (Cal. Ct. App. - Feb. 8, 2017)

›
From today's opinion : "Husband served Wife with the dissolution petition and a $75,000 marital settlement agreement, warning her...
Tuesday, February 07, 2017

U.S. v. Peralta-Sanchez (9th Cir. - Feb.7, 2017)

›
It's an important case .  Affecting thousands of people every year. It also involves an important right.  Whether you have a right to ...
Monday, February 06, 2017

Prather v. AT&T (9th Cir. - Feb. 6, 2017)

›
Today's opinion lists "Kathleen M. Sullivan" as one of the counsel for Sprint/Nextel.  That's not unusual.  Kathleen M. S...

Sanchez v. Kern Emergency (Cal. Ct. App. - Feb. 2, 2017)

›
Don't read this opinion if you want to feel comfortable with your child playing high school football. It's not the most egregious...
Thursday, February 02, 2017

People v. Lamb (Cal. Ct. App. - Feb. 2, 2017)

›
I know I don't have to tell the typical reader of the California Appellate Report not to commit random acts of aggression.  Even tiny on...
Wednesday, February 01, 2017

Van v. Language Lines (Cal. Ct. App. - Feb. 1, 2017)

›
I can see vacating the finding of contempt.  Sure, the plaintiff didn't show up for her deposition, for no good reason.  But there wasn...
Tuesday, January 31, 2017

Fulle v. Kanani (Cal. Ct. App. - Jan. 31, 2017)

›
Don't cut down trees that belong to your neighbor.  Because even if they're a hassle, and even if there are not that many of them, y...
Monday, January 30, 2017

U.S. v. Laursen (9th Cir. - Jan. 30, 2017)

›
Sometimes I can shorten an opinion by summarizing it, or add a different perspective, or offer a little critique of an argument.  But someti...
‹
›
Home
View web version

About Me

My photo
Shaun Martin
View my complete profile
Powered by Blogger.