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, December 28, 2022

Wehsener v. Jernigan (Cal. Ct. App. - Dec. 28, 2022)

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You don't see many intestate succession disputes in the Court of Appeal. And in reading the facts of this one, it definitely harkens bac...
Wednesday, December 21, 2022

Bishop v. The Bishop's School (Cal. Ct. App. - Dec. 21, 2022)

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As a rule, I don't write about appellate cases in which I have some involvement, on the theory that I'm not neutral, and it doesn...
Monday, December 19, 2022

In re Geoffrey S. (Cal. Ct. App. - Dec. 19, 2022)

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It's an important issue, and today's split decision by the Court of Appeal cogently identifies the competing positions. Justice Buc...
Tuesday, December 13, 2022

CFPB v. Aria (9th Cir. - Dec. 12, 2022)

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The factual recitation in Judge Tallman's opinion speaks for itself: "[Armond] Aria was the founder, owner, CEO, and registered ag...
Monday, December 12, 2022

In re D.N. (Cal. Supreme Court - Dec. 12, 2022)

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It's not that I disagree with today's opinion from the California Supreme Court . I don't. Which is good, since it's unanimo...
Friday, December 09, 2022

Diaz-Rodriguez v. Garland (9th Cir. - Dec. 8, 2022)

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We're in the middle of exam season here at the law school, so I read this Ninth Circuit opinion, I thought it'd be a great basis for...
Thursday, December 08, 2022

People v. Carabajal (Cal. Ct. App. - Dec. 7, 2022)

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The Court of Appeal holds that it's not a sufficient basis for a new trial, at least given the trial court's evidentiary findings i...
Monday, December 05, 2022

U.S. v. Reiche (9th Cir. - Dec. 5, 2022)

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On first glance, this opinion from earlier today seems totally right. Ellen Reiche wants to take "direct action" to protest the ...
Thursday, December 01, 2022

In re G.Z. (Cal. Ct. App. - Nov. 30, 2022)

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I share what I perceive to be Justice Stratton's unease regarding this case. Yes, the 10-month old infant had some injuries -- current a...
Monday, November 28, 2022

People v. Camacho (Cal. Supreme Ct. - Nov. 28, 2022)

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Adrien Camacho shoots and kills a police officer during a routine traffic stop in front of lots of people for basically no reason, so it...
Monday, November 21, 2022

WV 23 Jumpstart LLC v. Mynarcik (Cal. Ct. App. - Nov. 21, 2022)

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I've never thought about it before -- and I've taught Civil Procedure for over a quarter century -- but, yeah, I agree with the Cour...
Tuesday, November 15, 2022

San Antonio Winery v. Jiaxing Microrose Trading (9th Cir. - Nov. 14, 2022)

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You'll care about this opinion if you litigate federal unfair competition cases and want to sue a foreign entity that has a trademark i...
Monday, November 14, 2022

In re Marriage of Blake and Langer (Cal. Ct. App. - Nov. 10, 2022)

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I'm not sure why parties and lawyers repeatedly try to get out of sanctions orders through voluntary dismissals and then arguing that th...
Wednesday, November 09, 2022

Zhang v. Dentons US LLP (Cal. Ct. App. - Nov. 9, 2022)

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Typically, one reads opinions from the Court of Appeal because the legal doctrines are interesting, or the public policy consequences are si...
Monday, November 07, 2022

Taska v. The RealReal, Inc. (Cal. Ct. App. - Nov. 4, 2022)

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I was trying to figure out why the company filed this appeal, which it lost . And I think, maybe, that I have at least a possible (partial?)...
Friday, November 04, 2022

Amiodarone Cases (Cal. Ct. App. - Nov. 4, 2022)

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Apparently Amiodarone is a drug developed in Belgium in the 1960s to treat angina, but that has a ton of really bad side effects, "incl...
Monday, October 31, 2022

U.S. v. Richards (9th Cir. - Oct. 31, 2022)

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Judge Callahan authors an opinion that affirms a criminal conviction and sentence . That's surely not a "man bites dog" story....
Thursday, October 27, 2022

Trujillo v. City of Los Angeles (Cal. Ct. App. - Oct. 27, 2022)

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You can think about this case in one of two ways. One way is to believe that the plaintiff is being sleazy. Defendant makes a 998 offer shor...
Tuesday, October 25, 2022

Vought Const., Inc. v. Stock (Cal. Ct. App. - Oct. 24, 2022)

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It seems eminently sensible to me what the trial court did here, and the Court of Appeal largely affirms . I just have one question. It'...
Monday, October 24, 2022

Cadena v. Customer Connexx LLC (9th Cir. - Oct. 24, 2022)

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Today sees a very thoughtful, persuasive opinion by Judge Bybee , joined by Judges Callahan and Collins. Now, as to the facts, I'm not r...
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