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, April 28, 2017

In Re R.S. and I.V. (Cal. Ct. App. - April 28, 2017)

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Two opinions this morning.  Both involving juveniles.  Both from San Diego.  Both involving kids for whom, sadly, I feel this opinion may no...
Thursday, April 27, 2017

People v. Pou (Cal. Ct. App. - April 27, 2017)

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The police get a report of a woman screaming inside a particular home and go to investigate. When they arrive, the police see two men insi...
Wednesday, April 26, 2017

In Re B.M. (Cal. Ct. App. - April 20, 2017)

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Is a butter knife -- the same one you probably used in the last 24 hours -- a "deadly weapon" in California? The Court of Appeal...
Monday, April 24, 2017

People v. Vela (Cal. Ct. App. - April 24, 2017)

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Here are the underlying facts from today's opinion : "When they arrived in Santa Ana, Martinez drove around 7th Street’s territor...

John v. Superior Court (Cal. Supreme Court - April 21, 2017)

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The California Supreme Court held long ago -- like, a year ago -- that the vexatious litigant statute doesn't apply to defendants who fi...
Thursday, April 20, 2017

Jackson v. Mayweather (Cal. Ct. App. - April 19, 2017)

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I'm confident that LA. attorney Michael Maroko cares more about the substance of this opinion than its caption.  Particularly since it...

U.S. v. Harris (9th Cir. - April 20, 2017)

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Is this really right ? I mean, part of it seems right.  But I'm not sure about the very end. Michael Harris stole some money and was...
Wednesday, April 19, 2017

Quigley v. Garden Valley Fire Protection District (Cal. Ct. App. - April 19, 2017)

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Nothing from the Ninth Circuit today.  Thus far, from the Court of Appeal, only this depressing story: Rebecca Quigley is seriously injure...
Tuesday, April 18, 2017

McDermott Will & Emery LLP v. Superior Court (Cal. Ct. App. - April 18, 2017)

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You've got to read today's privilege opinion from the Court of Appeal .  And I say that despite the fact that I fully realize that i...

Blixseth v. Yellowstone Mountain Club (9th Cir. - April 18, 2017)

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Attorney Michael J. Flynn gets sanctioned by the Ninth Circuit.  A lot.  Under both FRAP 38 as well as under Section 1927.  For frivolous an...
Monday, April 17, 2017

People v. Becerrada (Cal. Supreme Court - April 17, 2017)

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Here's a depressing way to begin a post-Easter week: "A jury convicted defendant, Ruben Becerrada, of the first degree murder of ...
Thursday, April 13, 2017

Davis v. U.S. (9th Cir. - April 13, 2017)

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"In this appeal, we consider whether a federal agent is entitled to qualified immunity from suit for detaining an elderly woman in a pu...

Sumrall v. Modern Alloys (Cal. Ct. App. - April 13, 2017)

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I have a hard time understanding this opinion .  And I mean that literally.  I have difficulty even getting a basic understanding of what th...
Wednesday, April 12, 2017

In Re J.L. (Cal. Ct. App. - April 12, 2017)

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This one probably should be published.  Which is what the Court of Appeal decides.   Albeit belatedly . When your case is (as here) very  ...

Boling v. PERB (Cal. Ct. App. - April 11, 2017)

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You wouldn't ordinarily think that a City was compelled to meet and confer with one of its unions over a citizen-sponsored initiative th...
Tuesday, April 11, 2017

People v. Douglas (Cal. Ct. App. - April 11, 2017)

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Sometimes your senses get a bit dulled from reading the same basic criminal fact patterns again and again.  Defendant arrested for drug poss...
Monday, April 10, 2017

Shaw v. Superior Court (Cal. Supreme Court - April 10, 2017)

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Of course a trial court's erroneous decision holding that a party isn't entitled to a jury trial should be reviewable (in an approp...
Friday, April 07, 2017

People v. Sharpe (Cal. Ct. App. - April 7, 2017)

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This opinion is devastatingly concise .  It rejects defendant's arguments on appeal quickly, easily, and with the precision of a surgeon...
Thursday, April 06, 2017

People v. Truong (Cal. Ct. App. - April 5, 2017)

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This opinion ends not with a bang, but with a whimper. The final argument raised by appellant's challenge to her conviction is her cl...
Wednesday, April 05, 2017

Walent v. Commission on Professional Competence (Cal. Ct. App. - March 13, 2017)

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Isn't it somewhat weird that this entire appeal is about the fact-specific issue of whether the fee award granted by the trial court in...
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