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, September 21, 2022

Kernan v. Regents (Cal. Ct. App. - Sept. 21, 2022)

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You're 39 weeks pregnant. Your baby's in a breech position, so you go to the hospital to get the baby turned around -- what's ca...
Tuesday, September 20, 2022

Blue Cross of California v. Equiltox (Cal. Ct. App. - Sept. 20, 2022)

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I have waited in vain today for a meaty published opinion that I felt like talking about. There was nothing from the Ninth Circuit today -- ...
Monday, September 19, 2022

Salazar v. Target & Walmart (Cal. Ct. App. - Sept. 19, 2022)

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I don't know whether Justice Codrington had anything to do with the timing of these two opinions, but it was certainly intriguing. This ...
Thursday, September 15, 2022

City of Oakland v. Oakland Raiders (Cal. Ct. App. - Sept. 15, 2022)

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NFL creates meaningless, non-binding and open-ended set of "considerations" that team owners might want to think about when decidi...
Wednesday, September 14, 2022

Arega v. BART (Cal. Ct. App. - Sept. 14, 2022)

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Sometimes the Court of Appeal gets incredibly angry with a particular attorney and says very harsh things. Other times, the Court of Appeal ...
Monday, September 12, 2022

Avilez v. Garland (9th Cir. - Sept. 8, 2022)

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I thought a fair piece about this opinion over the weekend . Not about doctrine or anything, although there's surely important stuff at ...
Wednesday, September 07, 2022

Aguilar v. Walgreen (9th Cir. - Sept. 7, 2022)

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Three brief comments about today's opinion from the Ninth Circuit : First, what a clusterfart. (As we say in this mostly-suitable-for-fa...
Tuesday, September 06, 2022

People v. Nadim (Cal. App. Div. - Sept. 6, 2022)

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Okay, I understand this holding given the relevant statutory language . But now that I've read it, when the prosecutor politely sends me...

Patsalis v. Shinn (9th Cir. - Sept. 6, 2022)

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Atdom Patsalis was a 21-year old who took some stuff; basically, he went into people's garages, cars and sheds (and, on occasion, homes)...
Friday, September 02, 2022

U.S. v. Guerrero (9th Cir. - Sept. 2, 2022)

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Here's a neat little reminder about how one deciphers the "holding" of an opinion when each of the judges on the court writes...
Wednesday, August 31, 2022

Simmons v. Arnett (9th Cir. - Aug. 31, 2022)

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There are a lot of interesting Ninth Circuit opinions this morning. As well as a lot of them generally; the Ninth Circuit published eight se...
Tuesday, August 30, 2022

24th & Hoffman Investors v. Northfield Ins. Co. (Cal. Ct. App. - Aug. 30, 2022)

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To be honest, I was unpersuaded by a majority of the published opinions by the Court of Appeal today. So perhaps I'm just in a particula...

People v. Cheatham (Cal. Ct. App. - Aug. 29, 2022)

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Reading this opinion by Justice Duarte generated two thoughts in my head. First, I totally understand why the Court of Appeal releases the ...
Monday, August 29, 2022

Hoffman v. Young (Cal. Supreme Ct. - Aug. 29, 2022)

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I've previously waxed poetic about how the California Supreme Court is really smart, often unanimous, blah blah blah. Maybe the net resu...
Thursday, August 25, 2022

People v. Ramirez (Cal. Supreme Ct. - Aug. 25, 2022)

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There are a ton of wonderful things about being a law professor; far too many to list here. But one of the downsides is the obligation (sort...

In re E.L. (Cal. Ct. App. - Aug. 23, 2022)

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I understand and appreciate Justice Gilbert's desire to expedite things. He thinks that the four kids at issue should be adopted by Aida...
Wednesday, August 24, 2022

West Coast University v. Board of Registered Nursing (Cal. Ct. App. - Aug. 24, 2022)

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I could definitely have seen this case coming out the other way, but I also think that Justice Mauro's (unanimous) opinion is entirely ...
Monday, August 22, 2022

In re J.R. (Cal. Ct. App. - Aug. 22, 2022)

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The older I get, the more I tend to see the world in shades of gray, rather than black and white. And, as a reminder, I'm quite old alre...
Friday, August 19, 2022

Reno v. Davis (9th Cir. - Aug. 19, 2022)

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It's a death penalty case in the Ninth Circuit , so those are usually long, but worth reading. This one catches the eye at the outset be...
Wednesday, August 17, 2022

CV Amalgamated LLC v. City of Chula Vista (Cal. Ct. App. - Aug. 15, 2022)

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No one likes to lose. Not clients. Not lawyers. It happens, of course. Fifty percent of the time, on average. That's the nature of the b...
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