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.

Thursday, March 30, 2023

People v. Marquez (Cal. Ct. App. - March 30, 2023)

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You have to be a true law geek to find this opinion interesting . Because it comes to a common sense conclusion that everyone in the univers...
Tuesday, March 28, 2023

People v. Shkrabak (Cal. Ct. App. - March 28, 2023)

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This opinion does not exemplify the type of cooperative and loving family dynamic that you'll see in, say, 1950s television shows: ...
Monday, March 27, 2023

People v. Myles (Cal. Ct. App. - March 23, 2023)

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A mother who lived in a house in Oceanside (down here in San Diego) died, and her son in Los Angeles (Jake) occasionally visited it while th...
Wednesday, March 22, 2023

People v. Villalba (Cal. Ct. App. - March 22, 2023)

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Respectfully, I'm not at all sure that this opinion does justice to the reason for the trial court's contrary decision. I fully und...
Tuesday, March 21, 2023

In re Marriage of Sullivan (Cal. Ct. App. - March 21, 2023)

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Two lawyers are getting divorced in San Diego. Both of them are in the Navy; one on active duty, one in the reserves. They have two children...
Monday, March 20, 2023

A.H. v. Superior Court (Cal. Ct. App. - March 17, 2023)

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This is doctrinally merely a case about jurisdiction ; in particular, whether California retains jurisdiction over dependency matters when i...
Wednesday, March 15, 2023

Kirschmeyer v. Helios Psychiatry (Cal. Ct. App. - March 15, 2023)

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I'm certain that many doctors prescribe various medications to their friends and family members. I have no doubt about that. At some lev...
Monday, March 13, 2023

People v. Ngo (Cal. Ct. App. - March 13, 2023)

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I just want to republish two quotes from this opinion by Justice Ramirez : (1) "Defendant My Ngo was a “shotcaller” in a Vietnamese gan...
Friday, March 10, 2023

Seaview Trading v. CIR (9th Cir. - March 10, 2023)

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I get it. Y ou author an opinion in a tax dispute and think that the IRS acted too late, so find in favor of the taxpayer. One of your Nint...

People v. Arreguin (Cal. Ct. App. - March 9, 2023)

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The majority opinion by Justice Gilbert says relatively nice things about the concurrence. To wit, it says: "We are sympathetic to the...
Thursday, March 09, 2023

People v. Oliva (Cal. Ct. App. - March 9, 2023)

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I discussed yesterday a lawsuit against In-N-Out Burger. Today, Justice Miller issued this opinion , the first line of which is: "David...
Wednesday, March 08, 2023

Piplack v. In-N-Out Burgers (Cal. Ct. App. - March 7, 2023)

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I was keenly interested in reading this opinion at the outset because it involves a lawsuit against In-N-Out Burgers, which has a fair amou...
Monday, March 06, 2023

Twitter v. Garland (9th Cir. - March 6, 2023)

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We teach law students that prior restraints on speech imposed by the government are so dangerous that we don't generally allow them. But...
Friday, March 03, 2023

Breathe Southern California v. American Lung Ass'n (Cal. Ct. App. - March 3, 2023)

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When considered rationally, I imagine that any litigation between any two entities should normally be viewed as something "sad to see,...
Wednesday, March 01, 2023

People v. Ung (Cal. Ct. App. - Feb. 28, 2023)

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Justice Greenwood is a lot nicer than I would have been in this opinion . Kalvin Ung stole a ton of cryptocurrency from various people back ...
Tuesday, February 28, 2023

Galaza v. Mayorkas (9th. Cir. - Feb. 28, 2023)

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Today's per curiam  decision from the Ninth Circuit seems clearly correct. Congress said that the TSA can establish qualifications for ...
Monday, February 27, 2023

Make UC A Good Neighbor v. Regents (Cal. Ct. App. - Feb. 24, 2023)

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It's quite possible that my reaction to the first two pages of this opinion would be different were I to live in the same location as i...
Friday, February 24, 2023

Wood v. Kaiser Foundation Hosp. (Cal. Ct. App. - Feb. 24, 2023)

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I love -- love, love, love -- the opening paragraph of this opinion . It strikes the perfect tone to me; a sense of sincere inquiry, modesty...
Wednesday, February 22, 2023

People v. Kenney (Cal. Ct. App. - Feb. 22, 2023)

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I was going to talk a bit about a Court of Appeal opinion today that I didn't particularly like , even though I think it's probably ...
Tuesday, February 21, 2023

American Rivers v. American Petroleum Inst. (9th Cir. - Feb. 21, 2023)

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It's never a good sign when the caption and official summary of a Ninth Circuit opinion goes on for 13 single-spaced pages. Indeed, the ...
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