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 30, 2018

Mack v. All Counties Trustee Service (Cal. Ct. App. - Aug. 30, 2018)

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What a total appellate mess .  (Summarized in eight breezy pages, thankfully.)

People v. Rodriguez (Cal. Ct. App. - Aug. 29, 2018)

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This is a very good -- and common sense -- disposition by Justice Smith.  I'm glad the Court of Appeal decided to publish it. A prison...
Wednesday, August 29, 2018

People v. Martin (Cal. Ct. App. - Aug. 29, 2018)

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My presumptive rule is that any opinion entitled "People v. Martin" requires careful review.  And today's opinion only reaffi...
Monday, August 27, 2018

Kim v. Toyota Motor Corp. (Cal. Supreme Court - Aug. 27, 2018)

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It's just so awesome when the opinion can (and does) summarize itself in a couple of concise paragraphs at the very outset.  That way, w...
Thursday, August 23, 2018

People v. Corder (Cal. Ct. App. - Aug. 23, 2018)

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Just because you're evading the police on your own piece of land -- driving like a bat out of hell thereupon -- doesn't mean you...
Wednesday, August 22, 2018

Davidson v. Holman (Cal. Ct. App. - Aug. 22, 2018)

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Three cheers for Judge Thomas Cahraman, who's on the probate court in Riverside County.  I'm extraordinarily impressed by his initia...
Tuesday, August 21, 2018

U.S. v. Schram (9th Cir. - Aug. 21, 2018)

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This is not a close case. You could make various policy and doctrinal arguments as to whether the police should be able to search a home w...
Monday, August 20, 2018

In re D.B. (Cal. Ct. App. - Aug. 20, 2018)

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The injuries in this case (from San Diego) are fairly extreme; for example, the six-year old kid here was sent to school limping, with bloo...
Friday, August 17, 2018

In Re J.W. (Cal. Ct. App. - Aug. 16, 2018)

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To achieve the desired result, you might well have to abstract away the underlying facts that brought the case to the attention of the autho...

Pease v. Zapf (Cal. Ct. App. - Aug. 17, 2018)

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I thought I recognized those names in the caption.  The respondent (Zapf) is my city councilmember and the petitioner (Pease) is one of her ...
Wednesday, August 15, 2018

In Re Complaint of Judicial Misconduct (9th Cir. - Aug. 15, 2018)

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I believe that for some time now, the Ninth Circuit has published its disposition of all allegations of judicial misconduct.  I understand (...

Amir v. Superior Court (App. Div. Sup. Ct. - Aug. 14, 2018)

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Nearly every time the Appellate Division of the Superior Court decides to publish an opinion, it's one worth reading.  If only for its p...
Tuesday, August 14, 2018

Lanuza v. Love (9th Cir. - Aug. 14, 2018)

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"During the master calendar hearing, ICE Assistant Chief Counsel Jonathan Love (“Love”) stated that Lanuza’s immigration file contained...
Thursday, August 09, 2018

People v. Rodriguez (Cal. Ct. App. - Aug. 8, 2018)

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This opinion just goes to demonstrate how utterly absurd the California crime of "burglary" has become. There's no doubt th...
Wednesday, August 08, 2018

U.S. v. Fomichev (9th Cir. - Aug. 8, 2018)

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Hmmm.  Don't know about this one . I'm definitely on board for the marital communications privilege.  What you say to your spous...
Tuesday, August 07, 2018

Gold Medal LLC v. USA Track & Field (9th Cir. - Aug. 7, 2018)

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I thought this opinion was going to be unanimous.  And it was.  Sort of. Run Gum manufactures a “compressed functional chewing gum” that ...
Monday, August 06, 2018

Arandell Corp. v. CenterPoint Energy Svcs (9th Cir. - Aug. 6, 2018)

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The Supreme Court held that you can't find a parent and subsidiary guilty of conspiracy under the Sherman Act because it's impossib...
Friday, August 03, 2018

Anselmo v. Grossmont-Cuyamaca Comm. College Dist. (Cal. Ct. App. - Aug. 3, 2018)

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When I read that the lawsuit was brought by a beach volleyball player who was injured during a game when he knee hit a rock buried in the sa...
Thursday, August 02, 2018

Jones v. Sorenson (Cal. Ct. App. - Aug. 2, 2018)

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Justice Duarte is so, so right.  Most homeowners have no idea  of the trouble they can get into when they hire someone to do pretty much any...
Wednesday, August 01, 2018

Jaime G. v. H.L. (Cal. Ct. App. - July 31, 2018)

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I clearly have hacked someone off in the California judiciary, because the court's webpage has for the past several days weirdly blocked...
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