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, February 29, 2024

Berlanga v. USF (Cal. Ct. App. - Feb. 29, 2024)

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Sorry, USF students. You're not getting a partial refund for the fact that "college" was online during COVID. You lost your cl...
Wednesday, February 28, 2024

People v. Hollywood (Cal. Ct. App. - Feb. 28, 2024)

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Justice Yegan begins this afternoon's opinion in a fairly dramatic fashion, saying: "“The fabric of the law will stretch only so f...
Tuesday, February 27, 2024

People v. Pittman (Cal. Ct. App. - Feb. 27, 2024)

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The opinion in this case is about restitution, and seems right, but that's not what caught my eye. Rather, it's something very brief...
Monday, February 26, 2024

TriCoast Builders v. Fonnegra (Cal. Supreme Ct. - Feb. 26, 2024)

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It's only $150. Go ahead and post jury fees yourself. Even if the other side's already requested a jury. Yes, it's nonrefundable...
Thursday, February 22, 2024

City of Lancaster v. Netflix (Cal. Ct. App. - Feb. 22, 2024)

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I'm most assuredly not in a position to disagree with Justice Lavin in this one, as literally everything I know about the "Digital ...
Wednesday, February 21, 2024

People v. Garcia (Cal. Ct. App. - Feb. 21, 2024)

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It just gets worse and worse as you wade through this opinion : "In July 2021, Garcia sent threatening text messages to a Child Welfare...
Tuesday, February 20, 2024

Valley Hosp. Med. Center v. NLRB (9th Cir. - Feb. 2024)

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Judge O'Scannlain's concurrence here has a point . Both about the NLRB's flip-flopping in general as new administrations enter o...

People v. Rouston (Cal. Ct. App. - Feb. 20, 2024)

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Putting police officers on the stand in criminal cases as "experts" is always a touchy issue. They constantly give testimony that ...
Friday, February 16, 2024

People v. Yeager-Reiman (Cal. Ct. App. - Feb. 16, 2024)

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I think I've discovered the next crime I'll commit . "On April 2, 2018, the California Department of Justice filed a felony com...
Wednesday, February 14, 2024

People v. Paul (Cal. Ct. App. - Feb. 14, 2024)

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Absent the invention of a time machine, there's no way to prove or disprove the following hypothesis. I'd nonetheless bet a fair amo...
Tuesday, February 13, 2024

People v. Kimble (Cal. Ct. App. - Feb. 9, 2024)

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It's a slow "news" (opinion) day today, with only a single (clearly right) published opinion from the Ninth Circuit and nothin...
Monday, February 12, 2024

Johnson v. Lowe's Home Centers (9th Cir. - Feb.12, 2024)

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The Ninth Circuit holds -- fairly predictably -- that the California Supreme Court did just fine when it held that individual PAGA claims ma...
Friday, February 09, 2024

Sherman v. Gittere (9th Cir. - Feb. 9, 2024)

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It's always amazing to me just how bad some people can be at committing a crime. Especially a serious crime like murder. Even when it...

Lietz v. Lietz (Cal. Ct. App. - Feb. 8, 2024)

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If you litigate long enough, you'll eventually have some issues with an expert. Maybe tiny ones, maybe big ones. Just be glad you're...
Wednesday, February 07, 2024

People v. Jimenez (Cal. Ct. App. - Feb. 7, 2024)

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I gotta give props to Justice Kelety. When this opinion was initially published last week, I thought: "Whoa. I understand Part II, but ...

Devas Multimedia Private Ltd. v. CC/Devas Ltd. (9th Cir. - Feb. 6, 2024)

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I know that it doesn't matter much either way. But since senior judges on the Ninth Circuit aren't allowed to vote on en banc  calls...
Tuesday, February 06, 2024

M.A. v. B.F. (Cal. Ct. App. - Feb. 5, 2024)

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This summary is not available. Please click here to view the post.
Thursday, February 01, 2024

City of Norwalk v. City of Cerritos (Cal. Ct. App. - Feb. 1, 2024)

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I'm not entirely sure why, but I find this case hilarious . The City of Cerritos (in LA) doesn't want a ton of heavy truck traffic. ...
Wednesday, January 31, 2024

Abney v. State Dept. of Health Care Svcs. (Cal. Ct. App. - Jan. 31, 2024)

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The Court of Appeal is right, and Legal Aid is wrong . It's technically "income" to you even if you don't get the money. S...
Tuesday, January 30, 2024

In re: A.K. (Cal. Ct. App. - Jan. 30, 2024)

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The opinion isn't really about this part, but I was struck by the final words of this sentence, which begins the Court of Appeal's s...
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