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, September 29, 2017

People v. Thomas (Cal. Ct. App. - Sept. 29, 2017)

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"Defendant Edward Lewis Thomas repeatedly molested his daughter for 10 years, beginning when she was four or five years old. He admitte...
Wednesday, September 27, 2017

In Re Marriage of Berman (Cal. Ct. App. - Sept. 27, 2017)

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This opinion is so, so right .  And I'd have been harsher -- in tone if not in content -- to the appellant, Kevin J. Berman. Of course...
Tuesday, September 26, 2017

In Re: J.P. (Cal. Ct. App. - Sept. 26, 2017)

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Meanwhile, in the " it just keeps getting worse and worse the more you read " department . . . . "J.P. is the youngest of n...

U.S. v. Jayavarman (9th Cir. - Sept. 26, 2017)

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You can see why this opinion comes out where it does.  Judge Clifton begins the thing with a nice little summary: "It is a crime to ...
Monday, September 25, 2017

Howard v. City of Coos Bay (9th Cir. - Sept. 25, 2017)

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If you remember your first-year Civil Procedure class, my guess is that you'll recall that res judicata -- issue and claim preclusion --...
Thursday, September 21, 2017

In Re Joiquin C. (Cal. Ct. App. - Sept. 20, 2017)

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I know that we're talking in this opinion about someone who's confused a lot, but I too was confused by this sentence (with an addi...
Wednesday, September 20, 2017

In Re Destiny D. (Cal. Ct. App. - Sept. 11, 2017)

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Lest there be any doubt, domestic violence doesn't only harm the direct participants thereto: "Sergio D., the presumed father of ...
Tuesday, September 19, 2017

R.E.V. v. City of Anaheim (Cal. Ct. App. - Sept. 19, 2017)

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I'm sympathetic to -- and on board with -- the result of this opinion .  Which involves res judicata and a ton of other civil procedure ...
Monday, September 18, 2017

People v. Romero (Cal. Ct. App. - Aug. 23, 2017)

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It's a slow start of the week here in California.  Nothing published from the Ninth Circuit.  Only one published opinion thus far from ...
Friday, September 15, 2017

Ass'n Des Eleveurs v. Becerra (9th Cir. - Sept. 15, 2017)

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In 2004, California passed a law that prohibited force-feeding ducks or geese to produce foie gras (or, more significantly, prohibited sale ...
Thursday, September 14, 2017

In Re J.T. Thorpe (9th Cir. - Sept. 14, 2017)

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Sometimes the chambers of one of the judges on a panel writes a lengthy bench memorandum/draft opinion, which it hopes will eventually becom...
Wednesday, September 13, 2017

Roth v. Plikaytis (Cal. Ct. App. - Sept. 13, 2017)

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Sometimes cases are worth mentioning not because they're particularly interesting, but rather simply because they might be helpful to th...
Tuesday, September 12, 2017

People v. Hunter (Cal. Ct. App. - Sept. 11, 2017)

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This isn't what you expect to see at all. A group of seven people decide to rob Monaco Jewelers in lovely San Juan Capistrano.  A pre...
Monday, September 11, 2017

People v. Lujano (Cal. Ct. App. - Sept. 11, 2017)

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I had to read this morning's opinion from the Court of Appeal a couple of times just to make clear that I was reading it correctly.  I ...
Friday, September 08, 2017

People v. Williams (Cal. Ct. App. - Sept. 8, 2017)

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I'm usually not a fan of the California Supreme Court reaching out to depublish an opinion by the Court of Appeal. But here's a go...
Thursday, September 07, 2017

U.S. v. Del Mundo Faagai (9th Cir. - Sept. 7, 2017)

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It's a natural human tendency to become more persuaded over time about the validity of your own articulated beliefs.  Not everyone does ...
Tuesday, September 05, 2017

People v. Washington (Cal. Ct. App. - Sept. 5, 2017)

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There have been only two published Court of Appeal opinions thus far in September. The one published today , after the long Labor Day week...
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 ...
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