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, March 31, 2021

Friends of the Earth v. Sanderson Farms (9th Cir. - March 31, 2021)

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There's a lot about this opinion by Judge McKeown that's really good.  It's a tight, coherent and well-explained disposition. B...
Monday, March 29, 2021

Yue v. Yang (Cal. Ct. App. - March 29, 2021)

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You occasionally see family law cases in the Court of Appeal in which both sides represent themselves, but even that is rare.  It's even...
Thursday, March 25, 2021

People v. Moine (Cal. Ct. App. - March 24, 2021)

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If the Court of Appeal is correct about what the statute says -- and it might well be -- then perhaps we've gone too far. Marco Moine h...
Monday, March 22, 2021

Academy of Country Music v. Continental Cas. Co. (9th Cir. - March 22, 2021)

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I'm glad that this case came out the way it did.  Moreover, Judge Callahan's opinion contains much to recommend it.  She does a ver...
Thursday, March 18, 2021

City of LA v. Superior Court (Cal. Ct. App. - March 18, 2021)

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We live in America.  California, even.  It's absurd that we have lawsuits about contracting typhus here . This is not the Middle Ages.  ...
Tuesday, March 16, 2021

People v. Hoffman (Cal. Ct. App. - March 16, 2021)

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A version of "Name That Tune" with respect to opinions from the California Court of Appeal would be to attempt to accurately and s...
Monday, March 15, 2021

Aguilar-Osorio v. Garland (9th Cir. - March 15, 2021)

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The majority says it's a weird case because the immigration judge (1) refused to admit a document -- a country report -- as part of the...
Thursday, March 11, 2021

Akella v. Regents of UC (Cal. Ct. App. - March 11, 2021)

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Sometimes you get into litigation through no substantial fault of your own.  Someone hits you with a car (or you hit them).  You get sexuall...
Wednesday, March 10, 2021

Karton v. Ari Design & Construction (Cal. Ct. App. - March 9, 2021)

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There's nothing published from the California appellate courts or the Ninth Circuit today, so I thought I'd mention this opinion fro...
Tuesday, March 09, 2021

People v. Harawa (Cal. Ct. App. - March 9, 2021)

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You own a liquor store.  There's another liquor store across the street.  Your competitor lowers the prices it charges for beer.  What s...
Thursday, March 04, 2021

Anderson v. Edward Jones & Co. (9th Cir. - March 4, 2021)

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Some background first. There are two types of investors.  One type are people who own stocks and hold 'em forever, and trade very little...
Wednesday, March 03, 2021

People v. Cummings (Cal. Ct. App. - March 3, 2021)

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When one looks at published opinions from afar -- i.e., without access to the whole record -- sometimes you're at a disadvantage.  A per...
Tuesday, March 02, 2021

Holistic Supplements v. Stark (Cal. Ct. App. - March 2, 2021)

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On one side of this litigation you've got Brad Barnes.  Mr. Barnes opens a marijuana shop in 2005.  The business is run by an LLC, but ...
Monday, March 01, 2021

In re Anderson (9th Cir. - March 1, 2021)

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At some level, I appreciate it when the Ninth Circuit adopts -- as here -- the opinion below as its own precedent.  That shows a lot of res...
Thursday, February 25, 2021

People v. Hardy (Cal. Ct. App. - Feb. 24, 2021)

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Lots of big cities have "Shotspotter" systems.  It's basically an automated system that listens for gunshots and sends out a n...
Tuesday, February 23, 2021

People v. Barrios (Cal. Ct. App. - Feb. 23, 2021)

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The defendant in this case had a fairly decent criminal plan.  Not novel or anything, but it works.  Take out a gun, approach a guy in a ca...

U.S. v. Olson (9th Cir. - Feb. 22, 2021)

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Opinions like this are somewhat rare nowadays.   Virtually a relic of a bygone era.  Though I'm glad to see 'em make at least the oc...
Thursday, February 18, 2021

Brown v. LAUSD (Cal. Ct. App. - Feb. 18, 2021)

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I certainly can't wax as poetic as Justice Wiley.  But I can perhaps summarize the points he makes in his concurrence fairly briefly: (...
Wednesday, February 17, 2021

Tabares v. City of Huntington Beach (9th Cir. - Feb. 17, 2021)

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I'll offer two somewhat tangential comments about this opinion from the Ninth Circuit today . First, personally, I always blanch a bit w...
Tuesday, February 16, 2021

Metal Jeans, Inc. v. Metal Sport, Inc. (9th Cir. - Feb. 16, 2021)

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Judge VanDyke gives a nicely concise three-paragraph description of the underlying facts behind today's Ninth Circuit opinion : "Ga...
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