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, October 29, 2020

Olson v. Lyft (Cal. Ct. App. - Oct. 29, 2020)

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Here's an interesting way to write an opinion .  You typically don't see the identities of the appellate counsel getting so much pla...
Wednesday, October 28, 2020

U.S. v. Singh (9th Cir. - Oct. 28, 2020)

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You can tell that the opinion is going to be a fairly lengthy one when the summary prepared by the staff of the Ninth Circuit is, as here , ...
Monday, October 26, 2020

Dix v. Live Nation (Cal. Ct. App. - Oct. 26, 2020)

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Someone who puts on an electronic music festival -- here, Live Nation -- owes a duty to protect its patrons from overdosing on MDMA. So hold...
Friday, October 23, 2020

People v. Foley (Cal. Ct. App. - Oct. 23, 2020)

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Jeffrey Foley is the grandfather of identical twins.  He molests one of them, who immediately reports it, and he's tried and convicted a...
Thursday, October 22, 2020

U.S. v. Alhaggagi (9th Cir. - Oct. 22, 2020)

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Both the majority and the dissent agree that Amer Alhaggagi is a messed-up kid.  They just disagree over the nature of the mess. Judge Smith...
Wednesday, October 21, 2020

People v. Wilson (Cal. Ct. App. - Oct. 21, 2020)

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Don't send kiddie porn over gmail.  Google looks for it . It's a fairly chilling case from San Diego about how various women get ...

Guerrero v. Hestin (Cal. Ct. App. - Oct. 21, 2020)

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"In 2014, a single Riverside County Superior Court judge signed 602 orders authorizing wiretaps. To put that in perspective, all other ...
Tuesday, October 20, 2020

Ortega-Lopez v. Barr (9th Cir. - Oct. 20, 2020)

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What a difference the panel makes. Agustin Ortega-Lynch gets caught helping to organize a cockfight, and the United States wants to deport h...
Monday, October 19, 2020

People v. Hendrix (Cal. Ct. App. - Oct. 19, 2020)

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In one way, it's a routine offense :  burglary.  But in many ways, it's a strange couple of crimes.  There's clearly something a...
Friday, October 16, 2020

People v. Villa (Cal. Ct. App. - Oct. 16, 2020)

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Defendant Villa is 28 and his girlfriend (and the mother of his child) is 18. "While driving with his girlfriend, Jane Doe, and their i...
Wednesday, October 14, 2020

People v. Zorich (Cal. Ct. App. - Oct. 13, 2020)

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David Zorich is eligible for potential resentencing if the vehicle he stole in 1997 was worth $525 or less.  That vehicle was (accordingly t...
Monday, October 12, 2020

People v. Barber (Cal. Ct. App. - Oct. 9, 2020)

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When I read opinions, I sometime think:  "There but for the grace of God go I."  Or at least I try  to think that.  Whether as a v...
Thursday, October 08, 2020

Robin v. Crowell (Cal. Ct. App. - Oct. 8, 2020)

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I wasn't overly interested in this opinion for the underlying legal doctrine, which involves the relevant limitations period for judici...
Wednesday, October 07, 2020

In re Butler (Cal. Ct. App. - Oct. 7, 2020)

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We rightly get irate at countries in which people are sometimes held without trial for years.  That's not right.  It's not due proce...
Tuesday, October 06, 2020

Doe v. Yim (Cal. Ct. App. - Oct. 6, 2020)

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The relevant ethical rule says that a lawyer who's likely to be a witness can't represent a client "at trial."  But the Co...
Monday, October 05, 2020

Fipke v. California Horse Racing Board (Cal. Ct. App. - Oct. 5, 2020)

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I can't say that I knew much about how jockeys get selected and paid in horses races before today.  But as a result of this opinion , I ...
Friday, October 02, 2020

People v. Am. Surety Co. (Cal. Ct. App. - Oct. 1, 2020)

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Here's some evidence that the law has gotten marginally more rational over the last hundred years. Bail is set for a particular crimina...
Wednesday, September 30, 2020

U.S. v. Malik (9th Cir. - July 6, 2020)

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This is a slightly older case that I read a little while back, but it came into my head as a result of a particular conversation I had earli...
Tuesday, September 29, 2020

Butler America LLC v. Aviation Assurance Co. (Cal. Ct. App. - Sept. 29, 2020)

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Justice Gilbert starts this opinion by saying:  "Alter egos of a judgment debtor appeal an order amending the judgment to add them as ...
Monday, September 28, 2020

Ford v. Peery (9th Cir. - Sept. 28, 2020)

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"During closing argument, at the end of his rebuttal, the prosecutor told the jury that the presumption of innocence no longer applied....
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