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.

Wednesday, December 27, 2017

Nalder v. United Automobile Ins. Co. (9th Cir. - Dec. 27, 2017)

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You knew it was going to happen.  It had to. But I didn't realize until today that it would only take around a week. The first (star...

A Community Voice v. U.S. EPA (9th Cir. - Dec. 27, 2017)

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The California Court of Appeal is taking off the holidays, and hasn't published anything for a while. But the Ninth Circuit remains ha...
Friday, December 22, 2017

Doe v. Kelly (9th Cir. - Dec. 22, 2017)

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There are few things more peaceful than a University over the holiday break.  Few things colder, either.  At least in Southern California.  ...
Thursday, December 21, 2017

Vividius v. Express Scripts (9th Cir. - Dec. 21, 2017)

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The Federal Arbitration Act allows an aribtrator to “summon in writing any person to attend before them . . . as a witness and in a proper c...
Wednesday, December 20, 2017

In Re A.F. (Cal. Ct. App. - Dec. 20, 2017)

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The first paragraph of the statement of facts in today's opinion reads: "At the time of the events leading to A.F.'s depende...
Tuesday, December 19, 2017

U.S. v. Wells (9th Cir. - Dec. 19, 2017)

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There's a lot of good stuff in today's Ninth Circuit opinion .  It reverses a murder conviction on multiple grounds, and also expres...
Monday, December 18, 2017

Song v. Sessions (9th Cir. - Dec. 18, 2017)

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We haven't seen much from the Ninth Circuit lately.  Basically one published opinion a day for the past week. Of course, it's the ...
Friday, December 15, 2017

People v. Richards (Cal. Ct. App. - Dec. 15, 2017)

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You don't see many convictions like the one in today's opinion , which was for "attempting to take another person from the law...
Thursday, December 14, 2017

People v. Lucero (Cal. Ct. App. - Dec. 14, 2017)

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Some people have problems.  Real problems.  Problems that aren't too hard to figure out. As in today's case . "Defendant wa...
Wednesday, December 13, 2017

Kirzhner v. Mercedes-Benz USA (Cal. Ct. App. - Dec. 13, 2017)

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"This case under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq., Act), concerned an allegedly defective car which co...
Tuesday, December 12, 2017

People v. Rubino (Cal. Ct. App. - Dec. 12, 2017)

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Joseph Rubino is caught on surveillance video trying to burn down the office of the mobile home park in which he resides.  He doesn't ha...
Monday, December 11, 2017

In Re R.G. (Cal. Ct. App. - Dec. 11, 2017)

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Your children are rarely perfect.  Perfection is pretty darn hard to achieve. And, even short of perfection, it's often helpful to rem...
Friday, December 08, 2017

In Re Marriage of Kagmar (Cal. Ct. App. - Dec. 8, 2017)

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Fred Kagmar has a great life.  He's got a couple of businesses, a smart and loving wife, and four great kids.  He's sufficiently ric...
Wednesday, December 06, 2017

Dep't of Forestry and Fire Protection v. Howell (Cal. Ct. App. - Dec. 6, 2017)

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Today's opinion seems especially timely given the numerous wildfires raging throughout Southern California.  It's about the protrac...
Tuesday, December 05, 2017

Noel v. Thrifty Payless (Cal. Ct. App. - Dec. 5, 2017)

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I really do think that holdings like this one , were they left to stand, would essentially spell the death of consumer class actions in Cali...
Monday, December 04, 2017

Fettgather v. Board of Psychiatry (Cal. Ct. App. - Dec. 4, 2017)

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It says something when a psychologist facing an investigation is ordered to undergo a psychiatric examination.  And refuses to do so. That...
Friday, December 01, 2017

U.S. v. Lummi Nation (9th Cir. - Dec. 1, 2017)

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Who gets to fish west of Whidbey Island , in Washington? That's an issue that's taken a huge amount of litigation to resolve. Bu...
Thursday, November 30, 2017

In Re Marriage and The Grange (Cal. Ct. App. - Nov. 30, 2017)

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Which one do you want to obtain: (A) Insight into the trials and tribulations of the (now former) marriage of famed restaurateur  Piero Se...
Wednesday, November 29, 2017

Crime & Justice America Inc. v. Honea (9th Cir. - Nov. 29, 2017)

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I'm a little confused about one portion of this morning's opinion by Judge Tallman. A prison in Montana bars its inmates from rec...
Tuesday, November 28, 2017

Flores v. Southcoast Automotive Liquidators (Cal. Ct. App. - Nov. 27, 2017)

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The defendant in this lawsuit sells cars in South Gate as Discount Auto Plaza.   But based on what I read in this opinion , it's a place...
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