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, September 28, 2023

In re Casey (Cal. Ct. App. - Sept. 28, 2023)

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The same time-worn story gets played out in many of these "potentially paroled murderers" opinions. There's a murder, Defendan...

Doe v. Superior Court (Cal. Ct. App. - Sept. 28, 2023)

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I say this with all sincerity: Thank you, Justice Petrou. (Compare today's modification of the opinion  with what I suggested three week...
Wednesday, September 27, 2023

People v. Bingham (Cal. Ct. App. - Sept. 26, 2023)

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The key piece of evidence in a domestic violence prosecution is a 911 call from the victim in which she says she was beat up by her boyfrien...
Tuesday, September 26, 2023

In re Marriage of Simonis (Cal. Ct. App. - Sept. 26, 2023)

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I always think of Alpine County, California as a sleepy little rural community. It only has 1,200 (!) residents, and the crime rate doesn...
Thursday, September 21, 2023

Kelsey v. Garrett (9th Cir. - Sept. 21, 2023)

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There's probably no one more bummed that Judge Watford decided to make more money than Zachary Kelsey. At a teenage bonfire, Mr. Kelsey ...
Wednesday, September 20, 2023

U.S. v. Marschall (9th Cir. - Sept. 20, 2023)

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This guy's selling "medicines" that obviously don't work to gullible people. So he gets criminally charged, and I have lit...
Monday, September 18, 2023

Santa Paula Animal Rescue Center v. County of Los Angeles (Cal. Ct. App. - Sept. 18, 2023)

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I have no idea why the County of Los Angeles is so desperate to kill dogs in its custody that a no-kill animal shelter wants to take over an...
Friday, September 15, 2023

Garcia v. Gateway Hotel (9th Cir. - Sept. 15, 2023)

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A holding by any other name would smell as sweet. But do you have to follow it? That's the disputed issue in this morning's Ninth Ci...
Thursday, September 14, 2023

Rudnitskyy v Garland (9th Cir. - Sept. 14, 2023)

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Sometimes the summary at the outset of the opinion (helpfully) tells you pretty much all you need to know. Like this opinion by Judge VanDy...
Tuesday, September 12, 2023

Impossible Foods Inc. v. Impossible X LLC (9th Cir. - Sept. 12, 2023)

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It's a case involving the scope of specific personal jurisdiction in a particular trademark context, so it's not an issue that you...
Monday, September 11, 2023

In re Marriage of C.D. and G.D. (Cal. Ct. App. - Sept. 11, 2023)

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Justice Baltodano's opinion earlier today says, in part : "Father failed to appear for his court-ordered deposition. In response, t...

Peralta v. Sanchez (Cal. Ct. App. - Sept. 8, 2023)

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You might perhaps be very skilled, and able to institute legal proceedings and write legal briefs as well as some attorneys. But if you'...
Friday, September 08, 2023

Doe v. Superior Court (Cal. Ct. App. - Aug. 8, 2023)

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We've all heard the saying: "The check is in the mail." Which, as a trope, generally means: "I have not, in fact, paid yo...
Thursday, September 07, 2023

Baird v. Bonta (9th Cir. - Sept. 7, 2023)

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Imagine that you brought a Second Amendment lawsuit that said that you had a constitutional right to carry a gun openly in public in Califor...

United Aeronautical Corp. v. US Air Force (9th Cir. - Sept. 7, 2023)

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A company think that the Air Force is wrongfully using some of its trade secrets, but the Air Force says it has a contractual right to do so...
Wednesday, September 06, 2023

People v. Perez-Robles (Cal. Ct. App. - Sept. 6, 2023)

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Let me say it clearly, and in advance: Some readers might find the following post NSFW. There are no pictures, but I'm going to mention,...
Tuesday, September 05, 2023

Law Firm of Fox & Fox v. Chase Bank (Cal. Ct. App. - Sept. 5, 2023)

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The probate court orders the sale of a home in an estate, directs that the money be placed in a bank, and orders the bank not to permit anyo...
Thursday, August 31, 2023

U.S. v. Torres-Giles (9th Cir. - Aug. 31, 2023)

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There are several particularized differences between the majority and the dissent in this case . One of these -- an important one, but certa...
Wednesday, August 30, 2023

Hagey v. Solar Service Experts LLC (Cal. Ct. App. - Aug. 30, 2023)

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T his opinion seems obviously right, no ? A solar company sells a solar system to a homeowner, and the homeowner in turn owes monthly paymen...
Monday, August 28, 2023

U.S. v. Pepe (9th Cir. - Aug. 28, 2023)

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It's extremely difficult to empathize with a defendant found guilty of moving to Cambodia in order to repeatedly rape children. That...
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