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, February 28, 2018

Delgadillo v. Television Center (Cal. Ct. App. - Feb. 27, 2018)

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Luz Delgadillo was a commercial window washer.  He was hired to wash the windows of a three-story commercial building in Hollywood. He ori...
Tuesday, February 27, 2018

Pittman v. Beck Park Apartments (Cal. Ct. App. - Feb. 27, 2018)

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Sometimes the topic of the opinion itself tells you where the court's likely to come out. For example, figure out how you think this o...
Monday, February 26, 2018

Rybolt v. Riley (Cal. Ct. App. - Feb. 26, 2018)

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From today's opinion in the Court of Appeal : "The order also implicitly acknowledges Riley’s future plans to become a lawyer in ...
Wednesday, February 21, 2018

Bassett v. ABM Parking Services (9th Cir. - Feb. 21, 2018)

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You can certainly understand why the Ninth Circuit comes out this way today.  The Supreme Court in Spokeo  a couple years ago really did s...
Tuesday, February 20, 2018

Hauser v. Ventura County Board of Supervisors (Cal. Ct. App. - Feb. 20, 2018)

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Justice Gilbert begins today's published opinion by saying: "This case calls to mind the poem “The Tyger” from Songs of Experien...
Friday, February 16, 2018

Marsh v. J. Alexander's LLC (9th Cir. - Feb. 16, 2018)

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When you've got (1) a majority opinion written by a hard core conservative, (2) over the dissent of a liberal judge, (3) with the swing ...
Thursday, February 15, 2018

People v. Hutchinson (Cal. Ct. App. - Feb. 15, 2017)

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It's a home invasion robbery of a wealthy family in Rancho Palos Verdes by a group of people who threaten and repeatedly tase the occupa...
Wednesday, February 14, 2018

Tovar v. Sessions (9th Cir. - Feb. 14, 2018)

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The Ninth Circuit says: "The question before us is whether Margarito Rodriguez Tovar, a child of a lawful permanent resident (LPR) wh...
Tuesday, February 13, 2018

People v. Robbins (Cal. Ct. App. - Jan. 19, 2018)

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A tiny snippet from this opinion : "Defendant began drinking beer and smoking marijuana around 3:00 p.m., consuming approximately 33 ...
Monday, February 12, 2018

Rojas v. HSBC Card Services (Cal. Ct. App. - Feb. 9, 2018)

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No published opinions from the Ninth Circuit or the California Supreme Court today, and none from the California Court of Appeal yet either....
Thursday, February 08, 2018

People v. Int'l Fidelity Ins. Co. (Cal. Ct. App. - Feb. 8, 2018)

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Dealing with bail forfeitures isn't exactly my area of expertise.  But I nonetheless read a fair number of appellate cases about it.  So...
Wednesday, February 07, 2018

Gonzalez v. Mathis (Cal. Ct. App. - Feb. 6, 2018)

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It's a premises liability case where a window washer falls off a roof while cleaning a skylight.  So he sues the homeowner. Okay.  I...
Tuesday, February 06, 2018

Simpson v. Trump University (9th Cir. - Feb. 6, 2018)

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The district court's approval of the $25 million class action settlement against Trump University gets affirmed by the Ninth Circuit th...
Monday, February 05, 2018

In Re J.G. (Cal. Ct. App. - Feb. 5, 2018)

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This is sufficiently depressing that I'm almost inclined not to mention it. Four very little kids -- the oldest was four years old --...

Marina Pacific Homeowners Ass'n v. Southern California Financial Corp. (Cal. Ct. App. - Feb. 5, 2018)

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The Court of Appeal has to decide who's the prevailing party in the underlying litigation.  The second paragraph of the opinion begins b...
Thursday, February 01, 2018

Gonzalez v. Lew (Cal. Ct. App. - Feb. 1, 2018)

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This opinion is a good candidate to go up to the California Supreme Court . Not that the Court of Appeal is necessarily wrong.  But the de...
Wednesday, January 31, 2018

O'Malley v. Hospitality Staffing Solutions (Cal. Ct. App. - Jan. 31, 2018)

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Justice Moore begins today's opinion by noting the general rule: "Ordinarily, a person has no legal duty to come to the aid of a...
Tuesday, January 30, 2018

Santa Barbara Channelkeeper v. City of San Buenvaventura (Cal. Ct. App. - Jan. 30, 2018)

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I agree with this opinion one thousand percent.  And am so happy it's published. Santa Barbara Channelkeeper thinks that the City of S...
Monday, January 29, 2018

Candelore v. Tinder (Cal. Ct. App. - Jan. 29, 2018)

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I'm not a big believer in discrimination based on immutable characteristics.  Shocking, I know. As a result, I'm a fan of the Unru...

C.J.L.G. v. Sessions (9th Cir. - Jan. 29, 2018)

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Judge Callahan concedes that C.J. -- a child -- "is a sympathetic petitioner."  Which sounds right to me.  He's a Honduran kid...
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