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, November 30, 2020

People v. Turner (Cal. Supreme Ct. - Nov. 30, 2020)

›
Most (or at least many) people took a well-deserved break last week.  Including myself.  (Thank you, Park City.) But now it's Monday.  S...
Tuesday, November 24, 2020

People v. Schultz (Cal. Supreme Court - Nov. 23, 2020)

›
Sometimes you put yourself in a pickle.  This one's definitely a pickle . Michael Schultz gets sentenced to prison in 1996.  He serves m...
Thursday, November 19, 2020

Reuter v. Macal (Cal. Ct. App. - Nov. 18, 2020)

›
So many things about this relationship just seem . . . strange. Part of it I understand.  Mr. Reuter is around 65 years old (at this point) ...
Wednesday, November 18, 2020

Sanchez-Rosalez v. Barr (9th Cir. - Nov. 18, 2020)

›
Want to see a Ninth Circuit judge absolutely tee off on a prior Ninth Circuit opinion?  Check out Judge VanDyke's separate opinion in th...

Castillo v. Bank of America (9th Cir. - Nov. 18, 2020)

›
Rather than talk about the merits of this appeal , I simply wanted to propose a tiny change in the way in which the opinion discusses its pr...
Tuesday, November 17, 2020

Moore v. Superior Court (Cal. Ct. App. - Nov. 16, 2020)

›
I wonder what the backstory -- if any -- is behind this opinion . Pasadena attorney Kevin Moore represents a client in a mandatory settleme...
Monday, November 16, 2020

People v. Bankers Ins. Co. (Cal. Ct. App. - Nov. 16, 2020)

›
Sometimes even good bets don't pay off. Rami Al-Zetawi gets arrested for animal cruelty when his neighbors allegedly see him beat and in...

Brennon B. v. Superior Court (Cal. Ct. App. - Nov. 13, 2020)

›
This is definitely a comprehensive opinion . It's essentially about a single issue:  Whether a public school district is a "busines...
Thursday, November 12, 2020

U.S. v. Robertson (9th Cir. - Nov. 12, 2020)

›
This seems right. Defendant gets convicted, but dies during the pendency of his petition for certiorari to the Supreme Court.  As a legal ma...
Tuesday, November 10, 2020

Cruz v. Fusion Buffet (Cal. Ct. App. - Nov. 10, 2020)

›
I think that when there's a split of authority in the Court of Appeal and your opinion come out on one side of the split, you should usu...
Monday, November 09, 2020

People v. Falcon (Cal. Ct. App. - Nov. 9, 2020)

›
You read all these Senate Bill 1437 opinions these days; it's a fair amount of work for both trial courts and the Courts of Appeal.  But...
Friday, November 06, 2020

Levy v. Only Cremations for Pets, Inc. (Cal. Ct. App. - Nov. 6, 2020)

›
This opinion by Justice Ikola certainly seems right. You want your pet cremated in a "private" cremation -- that way, they're ...
Thursday, November 05, 2020

People v. Lamoureaux (Cal. Ct. App. - Nov. 5, 2020)

›
Here's someone who definitely ended up in a much better condition than her original status . In 2013, a jury convicted Patty Lamoureux ...
Wednesday, November 04, 2020

McCluskey v. Henry (Cal. Ct. App. - Nov. 2, 2020)

›
I readily admit that prosaic appellate opinions in California are probably not the highest priority for pretty much anyone in the post-elect...
Tuesday, November 03, 2020

People v. Stockman (Cal. Ct. App. - Nov. 3, 2020)

›
Christopher Stockman is driving while intoxicated and hits a bicyclist from behind, killing him.  Mr. Stockman blows a .18 and .19 when he...

Y.A. v. S.A. (Cal. Ct. App. - Nov. 3, 2020)

›
For some reason, I have a different reaction to this case than I typically have to cases arising out of our adversary system. Normally, I...
Monday, November 02, 2020

Coleman v. Saul (9th Cir. - Nov. 2, 2020)

›
There's only one published opinion from the Ninth Circuit and California appellate courts thus far today.  And when I first saw it, I th...
Thursday, October 29, 2020

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

›
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)

›
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)

›
Someone who puts on an electronic music festival -- here, Live Nation -- owes a duty to protect its patrons from overdosing on MDMA. So hold...
‹
›
Home
View web version

About Me

My photo
Shaun Martin
View my complete profile
Powered by Blogger.