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.

Monday, April 06, 2020

People v. Williams (Cal. Ct. App. - April 6, 2020)

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I thought there might be nothing published today -- as was the case until late this afternoon --except an excruciatingly boring California S...
Friday, April 03, 2020

Tarin v. Lind (Cal. Ct. App. - April 3, 2020)

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Here's a hypothetical that I sometimes give first-year law students to help them understand the point .  I pick out two students in the ...

People v. Sepulveda (Cal. Ct. App. - April 1, 2020)

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On Wednesday, I was critical of a particular gang shooting .  I said I understood why someone would make a gang challenge to an unknown pers...
Thursday, April 02, 2020

Early v. Becerra (Cal. Ct. App. - April 2, 2020)

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Here's a neat little lawsuit. Maybe I should have heard about it before.  Fortunately it gets resolved fairly efficiently (albeit not ...
Wednesday, April 01, 2020

People v. Mariscal (Cal. Ct. App. - March 30, 2020)

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I often don't quite understand these gang shooting cases.  The facts are often identical: Step One:  A gang member sees someone sittin...
Tuesday, March 31, 2020

VIP Products v. Jack Daniel's Properties, Inc. (9th Cir. - March 31, 2020)

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I'll readily concede that I'm not the world's foremost expert on trademark law.  But I have a tolerable sense of social utility....
Monday, March 30, 2020

In re Marriage of Everard (Cal. Ct. App. - March 30, 2020)

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It's a case from San Diego.   The parties are married, and have two kids, but it's not a good marriage.  The parties get divorced, a...
Friday, March 27, 2020

May v. Ryan (9th Cir. - March 27, 2020)

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At a criminal trial, the jury says that it's hopelessly deadlocked, and after some brief back-and-forth, the trial judge orders a mistri...
Thursday, March 26, 2020

J.M. v. W.T. (Cal. Ct. App. - March 26, 2020)

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You've heard the saying:  "Justice delayed is justice denied."  That principle probably applies multiple different ways in thi...
Wednesday, March 25, 2020

Walker v. Life Ins. Co. (9th Cir. - March 23, 2020)

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Judge Tallman says at the end of this 25-page opinion : "Plaintiffs . . . gambled their ability to appeal on the possibility that the...
Tuesday, March 24, 2020

Thresona Multimedia v. Burbank H.S. Vocal Music Ass'n (9th Cir. - March 24, 2020)

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It probably behooves a potential plaintiff to take a step back before suing someone and think:  "How might this look to an outsider....

In re D.S. (Cal. Ct. App. - March 24, 2020)

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A little dependency case from down here in San Diego: "12-year-old D.S [] was living with his paternal aunt (Aunt), later determined...
Monday, March 23, 2020

People v. Mitchell (Cal. Ct. App. - March 23, 2020)

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I generally like learning new things.  But I was horrified today to learn a new term.  No thanks at all go out to Justice Fields and this op...

People v. Bullard (Cal. Supreme Ct. - March 23, 2020)

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The trial court and the Court of Appeal thought the case should come out one way.  The California Supreme Court unanimously reversed . I p...
Thursday, March 19, 2020

Herrera v. Zumiez, Inc. (9th Cir. - March 19, 2020)

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I know there are bigger issues in the world.  Much bigger.  Massively bigger.  But amongst the ways in which the world has changed fairly re...
Wednesday, March 18, 2020

People v. Cruz (Cal. Ct. App. - March 18, 2020)

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Wow.  That's a lot of stalking.  Dangerous, scary stalking . I was wondering why he got six years in prison.  After reading the facts,...
Tuesday, March 17, 2020

Brown v. Stored Value Cards (9th Cir. - March 16, 2020)

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Glad to read this one . I knew that when you got arrested, they took all your possessions and kept 'em in storage.  And, from watchi...
Monday, March 16, 2020

M.G. v. Superior Court (Cal. Ct. App. - March 16, 2020)

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I appreciate this opinion today from the Court of Appeal.  Justice O'Leary is exactly right to tell the trial courts that it's not ...
Friday, March 13, 2020

Canyon Crest Conservancy v. Kuhn (Cal. Ct. App. - March 12, 2020)

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You got your wish.  You created a nonprofit and brought a lawsuit so your neighbor couldn't build a modest (1400 square foot) home on an...
Thursday, March 12, 2020

People v. Smith (Cal. Ct. App. - March 12, 2020)

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I don't know.  This one seems a closer question to me than it appears to be to Justice Benke and the rest of the panel . Let's see...
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