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.

Friday, April 29, 2022

Leshane v. Tracy VW (Cal. Ct. App. - April 29, 2022)

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It's fairly shocking that the defendant thought there was even the slimmest possibility of success in this appeal. Plaintiffs file an em...
Wednesday, April 27, 2022

Lincoln v. Lopez (Cal. Ct. App. - April 25, 2022)

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I was on the East Coast for a bit, so got behind on reading the daily appellate opinions. But upon my return, I found this election opinion ...
Friday, April 22, 2022

People v. Bloom (Cal. Supreme Ct. - April 21, 2022)

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It's a 75-page-plus death penalty opinion. The defendant (Robert Bloom) admits that he killed his father but denies that he killed his s...
Thursday, April 21, 2022

NRDC v. EPA (9th Cir. - April 20, 2022)

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The Ninth Circuit is miffed. It's a lawsuit brought by the Natural Resources Defense Council against the EPA. The NRDC wants the EPA to ...
Tuesday, April 19, 2022

People v. Vaughn (Cal. Ct. App. - April 19, 2022)

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Justice Ramirez wants you to know a lot  about the vocabulary utilized by pimps and prostitutes. In the beginning, it was limited to one wor...
Friday, April 15, 2022

U.S. v. House (9th Cir. - April 15, 2022)

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In today's opinion , you've got a per curiam opinion. You've got a concurrence by Judge Graber. You've got a concurrence by ...
Thursday, April 14, 2022

People v. Pantoja (Cal. Ct. App. - April 13, 2022)

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A police officer sees a car traveling at 25 miles per hour. That seems "pretty fast" to him, even though it's within the speed...
Tuesday, April 12, 2022

Clarity Co. Consulting LLC v. Jenkins (Cal. Ct. App. - April 12, 2022)

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Justice Yegan doesn't say anything in today's opinion that hasn't already been said previously. Yet it needs to be said here ag...
Monday, April 11, 2022

Mireskandari v. Edwards Wildman Palmer LLP (Cal. Ct. App. - April 8, 2022)

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Some lessons you can learn from this opinion : (1) Be wary about taking on lawyers as your client. If you lose, you might well be the next p...

People v. Bracamontes (Cal. Supreme Court - April 11, 2022)

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Sure, the California Supreme Court is left-leaning in a lot of areas, but sometimes when reading an opinion (or otherwise), you don't ne...
Wednesday, April 06, 2022

Keen v. City of Manhattan Beach (Cal. Ct. App. - April 6, 2022)

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Unlike some people, I don't mind Justice Wiley's short, staccato style. Sometimes -- many times, even -- I affirmatively like it. Bu...
Tuesday, April 05, 2022

People v. Salinas (Cal. Ct. App. - April 4, 2022)

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Justice Baker's opinion begins with a fairly powerful summary of the holding of the case: "At defendant and appellant Salvador Sal...
Monday, April 04, 2022

Quintero v. Weinkauf (Cal. Ct. App. - April 4, 2022)

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Today's opinion presents itself as your typical stalking case, and in many respects, it is one -- with the notable exception that it...
Wednesday, March 30, 2022

Artus v. Gramercy Towers Condo. Ass'n (Cal. Ct. App. - March 30, 2022)

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You can feel the love in this one . And when there's no love, you definitely feel that too. Division Two of the First repeatedly display...
Monday, March 28, 2022

Ross v. Davis (9th Cir. - March 28, 2022)

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It's a federal habeas death penalty case. The murder occurred in 1982 -- forty years ago. The California Supreme Court affirmed the conv...

In re Bailey (Cal. Ct. App. - March 28, 2022)

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When the government decides whether or not to terminate your welfare benefits, the Due Process Clause requires the state to provide an in-pe...
Friday, March 25, 2022

Cleveland v. Taft Union High School Dist. (Cal. Ct. App. - March 25, 2022)

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What first caught my attention in this opinion was the caption: Cleveland v. Taft Union High School District. It reminded me of the relevant...
Wednesday, March 23, 2022

Curtain Maritime Corp. v. Pacific Dredge & Const. (Cal. Ct. App. - March 22, 2022)

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This case comes out the way I thought it would , but not for the reasons I anticipated. The underlying facts aren't particularly relevan...
Monday, March 21, 2022

People v. Edwards (Cal. Ct. App. - March 18, 2022)

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This is another classic Justice Wiley opinion , which means that it's (1) short (e.g., eight pages), with (2) tons of clippy, short sent...
Wednesday, March 16, 2022

In re Adoption of EB (Cal. Ct. App. - March 16, 2022)

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I'm super pleased that the Court of Appeal finally elected to publish this opinion . I'm also somewhat surprised it didn't get m...
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