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, November 28, 2018

Mayall v. USA Water Polo (9th Cir. - Nov. 28, 2018)

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Most of the time, I'm merely intellectually interested in the result of a particular published opinion.  But this Ninth Circuit opinion ...
Tuesday, November 27, 2018

U.S. v. Tydinco (9th Cir. - Nov. 27, 2018)

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Today I learned that it's a federal crime to provide shelter to an unauthorized immigrant.  And that we actually prosecute people for it...
Monday, November 26, 2018

David L. v. Superior Court (Cal. Ct. App. - Nov. 26, 2018)

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This sounds right to me .  I'm not positive  it's right.  But it nonetheless sounds right. You (of course) take a risk that when y...
Monday, November 19, 2018

County of San Diego v. Commission on State Mandates (Cal. Supreme Ct. - Nov. 19, 2018)

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We're slowing coming to the Thanksgiving break, so you'll likely see a trickle of published appellate cases from the Ninth Circuit a...
Thursday, November 15, 2018

People v. Randolf (Cal. Ct. App. - Nov. 14, 2018)

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Doing this job -- or at least writing this blog -- you get used to various personalities and institutions in the Court of Appeal.  I was rem...
Wednesday, November 14, 2018

C.A. v. C.P. (Cal. Ct. App. - Nov. 13, 2018)

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The first line of this opinion will tell you a lot about (1) California, and (2) where the law in this area is likely to go in the future. ...
Tuesday, November 13, 2018

Tricarichi v. CIR (9th Cir. - Nov. 13, 2018)

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Beware of individuals who claim to be able to reduce your tax liability by millions of dollars. Maybe it'll work, of course.  Maybe.  ...
Monday, November 12, 2018

Williams v. Filson (9th Cir. - Nov. 12, 2018)

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It's a holiday today -- even though many of us (myself included) nonetheless remain hard at work -- so no published cases today. But t...
Thursday, November 08, 2018

1550 Laurel Owners Ass'n v. Munshi (Cal. Ct. App. - Nov. 8, 2018)

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Here's something that's good to know .  The Court of Appeal holds that you can't bring an anti-SLAPP motion to strike in a limit...
Wednesday, November 07, 2018

Guerrero v. California Dep't of Corrections (Cal. Ct. App. - Nov. 7, 2018)

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Wow. For some reason, I've never before commented on an opinion by Justice Streeter .  Or at least if I have, I've never mentioned...
Tuesday, November 06, 2018

Murray v. BEJ Minerals (9th Cir. - Nov. 6, 2018)

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Here's something that never in my wildest dreams did I previously think would be litigated in a federal court: Are dinosaur fossils mi...
Monday, November 05, 2018

People v. Vera (Cal. Ct. App. - Nov. 5, 2018)

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Mr. Vera's real complaint is that the officer who just so happened to be travelling with a drug-sniffing dog just so happened to stop h...
Friday, November 02, 2018

U.S. v. Carter (9th Cir. - Nov. 2, 2018)

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It's pretty important in a criminal case to have the victim actually testify in court.  I'm using the phrase "pretty important...
Thursday, November 01, 2018

Palmieri v. California State Personnel Bd. (Cal. Ct. App. - Oct. 31, 2018)

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This opinion is yet another classic example of the Streisand Effect .  (Parenthetically:  How cool would it be to have something like that ...
Wednesday, October 31, 2018

Knox v. Brnovich (9th Cir. - Oct. 31, 2018)

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Like a lot of states, Arizona allows early voting.  By mail and otherwise.  But also like a lot of states, you've got to personally mail...
Monday, October 29, 2018

People v. Henry (Cal. Ct. App. - Oct. 29, 2018)

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Usually, when one district in the Court of Appeal expressly disagrees with another district, the resulting split is a good candidate for rev...
Friday, October 26, 2018

People v. Saelee (Cal. Ct. App. - Oct. 26, 2018)

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It's a testament to the volume and nature of Proposition 64 petitions -- which seek to reduce certain prior convictions to a misdemeanor...
Wednesday, October 24, 2018

MCI Communications Inc. v. California Dep't Tax Admin. (Cal. Ct. app. - Oct. 24, 2018)

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This is an otherwise boring tax case , as well as one that reaches what seems to me a straightforward resolution of the thing.  So I'm n...
Tuesday, October 23, 2018

U.S. v. Henderson (9th Cir. - Oct. 23, 2018)

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The FBI is no slouch. People use the Internet for a variety of things.  Those things include, inter alia, child pornography.  But the peop...
Monday, October 22, 2018

People v. Bedolla (Cal. Ct. App. - Oct. 22, 2018)

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The typical opinion has some terrible, tragic facts and is depressing.  Yet today's opinion actually contains some degree of happiness....
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