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, August 31, 2017

Updike v. Multnomah County (9th Cir. - Aug. 31, 2017)

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I'm just fine with soft pedaling the facts a bit when the issue is a legal one.  Particularly when you're dealing with a grant of su...
Wednesday, August 30, 2017

People v. Seals (Cal. Ct. App. - Aug. 27, 2017)

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Someone steals something (a phone) that costs $900, but with sales tax, it would cost $972. Whether that's commercial burglary (a felo...

Avilez-Rodriguez v. LA Community College District (Cal. Ct. App. - Aug. 29, 2017)

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It's not that I don't disagree with the result of this case .  I do.  Or its reasoning.  Which is indeed based on a correct reading ...
Tuesday, August 29, 2017

People v. Drew (Cal. Ct. App. - Aug. 29, 2017)

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Sometimes even someone as jaded as I am can't believe what I'm reading: "Appellant Charles Patrick Drew sexually assaulted Am...
Monday, August 28, 2017

State of North Dakota v. McCarthy (9th Cir. - Aug. 28, 2017)

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I thought that I had suddenly lost substantial intellectual function when I read the caption of today's opinion by the Ninth Circuit .  ...
Friday, August 25, 2017

First Amendment Coalition v. US DOJ (9th Cir. - Aug. 25, 2017)

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Don't reveal settlement offers made during mediation, and especially  don't reveal settlement offers made during official Ninth Circ...

In Re Miller (Cal. Ct. App. - Aug. 25, 2017)

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A public service announcement from today's opinion on something you might want to look out for the next time you go to your bank: ...
Thursday, August 24, 2017

Rubenstein v. The Gap (Cal. Ct. App. - Aug. 24, 2017)

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I'll be the very first person to admit that I know virtually nothing about "factory" or outlet stores.  If only because I don...
Wednesday, August 23, 2017

People v. Button (Cal. Ct. App. - Aug. 17, 2017)

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Every bad relationship is bad in different ways.  As well as sad.  And any such relationship you learn about by reading about it in a Court ...
Tuesday, August 22, 2017

In Re Google Header Referral Privacy Litigation (9th Cir. - Aug. 22, 2017)

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Google settles a class action, and every single penny of the multi-million dollar settlement goes to (1) the attorneys, and (2) an award of ...
Monday, August 21, 2017

U.S. v. Castillo-Mendez (9th Cir. - Aug. 21, 2017)

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The sun may be disappearing (temporarily, anyway).  The United States may be headed by the former head of a reality show.  But even in the c...
Thursday, August 17, 2017

Skulason v. California Bureau of Real Estate (Cal. Ct. App. - Aug. 16, 2017)

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What Justice Humes says is absolutely right : "Skulason’s point is well taken. There is no doubt that the Internet substantially incr...
Wednesday, August 16, 2017

Ponte v. County of Calaveras (Cal. Ct. App. - Aug. 16, 2017)

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This introductory paragraph really gets to the heart of the matter: "Plaintiff Dennis Ponte is asking defendant County of Calaveras ...
Monday, August 14, 2017

People v. Trever P. (Cal. Ct. App. - Aug. 14, 2017)

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I just knew that when this opinion mentioned that it involved a 12-year old child babysitting his 4-year old cousin that we'd be talkin...
Thursday, August 10, 2017

Curci Investments v. Baldwin (Cal. Ct. App. - Aug. 10, 2017)

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"Reverse veil piercing".  Super cool. And allowed in California in an appropriate case . Including, potentially, this one.
Wednesday, August 09, 2017

People v. Financial Casualty & Surety (Cal. Ct. App. - Aug. 8, 2017)

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Two questions about this opinion : (1) What's the relevant standard of proof?  The opinion doesn't seem to mention it, but I think...
Tuesday, August 08, 2017

DLS Precision Fab v. U.S. ICE (9th Cir. - Aug. 7, 2017)

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This opinion amply demonstrates at least one of the reasons why you should (1) hire a good human resources director, and (2) make sure that...
Monday, August 07, 2017

In Re Marriage of Garcia (Cal. Ct. App. - Aug. 4, 2017)

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Florencia:  "I've had it.  We've been married for 24 years, 7 months, but we're not making 25.  I'm filing for divorce....
Thursday, August 03, 2017

People v. Echavarria (Cal. Ct. App. - Aug. 3, 2017)

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You usually don't see a first-degree murder conviction reversed for juror misconduct.  But for every rule, there's an exception. A...
Wednesday, August 02, 2017

People v. Singh (Cal. Ct. App. - Aug. 2, 2017)

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There are undoubtedly people who are far more familiar with rap lyrics than I am.  Still, even my fairly low level of knowledge makes me won...
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