California Appellate Report

My reaction to the first eight pages of this opinion can be accurately summarized by what I found myself spontaneously saying out loud as I...

One thing we teach students in Constitutional Law is that it's really, really hard to win an equal protection challenge to a statute if ...

The facts of this case are incredibly straightforward; indeed, they're on video.  As Justice Snauffer says: "The facts are simple....

I'll simply reprint what someone e-mailed me about this opinion by Judge VanDyke: " You see this? (I'm sure you have actually)...

When you're an attorney and the Court of Appeal repeatedly mentions your name in its opinion, that's rarely a good sign. The opinion...

This is sort of a harsh result, no ? At the end of a lawsuit, plaintiff/appellant filed a motion to recover her attorney's fees and it w...

The concept of great literature -- books, even -- has gone a little bit out of fashion for the contemporary Tiktok/Instagram/Snapchat genera...

It's a lawsuit by the San Diego Unified School District against the State of California , so there are big players involved.  It's a...

I'm glad these two police officers got fired.  I'm also glad the Court of Appeal affirms . Did the officers do the most horrible thi...

You'd have bet on the plaintiff losing this appeal .  You'd have been wrong. Plaintiff decides to watch her son pitch in a college b...

According to this opinion, here's where Ninth Circuit precedent currently -- and ostensibly correctly -- stands on the issue of "Wh...

To work, you gotta make sure to get your Depo-Provera shot every twelve weeks; otherwise, it's not effective, and you might get pregnant...

Maybe I'm crazy, but if I'm driving a vehicle with a blood alcohol content of approximately double the legal limit, I'm probably...

If you're looking for a California case that refuses to enforce a "browsewrap" arbitration and class action waiver clause, thi...

I'm not sure where all this is coming from. It's a fairly routine-ish case.  A professor from LMU -- Lawrence Kalbers -- is interest...

It's the last Monday in 2021.  Thank goodness. The lesson that I get from today's Court of Appeal opinion is the following:  Don...

Just last night, at a holiday gathering, someone -- a non-lawyer -- asked me to explain what a "Franklin hearings" was.  (I know, ...

Family is (obviously) important during the holiday season.  For some of us, the college kids come home; for others, older children (and perh...

I'm trying to figure out the incentive effects here. Obviously, with an increasingly conservative Court, the exclusionary rule has been ...

Stockton attorney Kenneth Meleyco had a very bad day. The Court of Appeal affirmed the award of $1500 in sanctions against him based on rep...