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, October 31, 2024

In re M.T. (Cal. Ct. App. - Oct. 30, 2024)

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This is an eminently moderate and reasonable opinion . M.T. transitioned to being a girl when she was a minor, and at 19, legally changed he...

Osborne v. Pleasanton Automotive Co. (Cal. Ct. App. - Oct. 31, 2024)

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It's a bit ironic -- or at least caused me sly amusement -- that this appeal involves a (successful) anti-SLAPP motion filed against a ...
Tuesday, October 29, 2024

In re H.B. (Cal. Ct. App. - Oct. 29, 2024

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I'm of two minds regarding the decision to publish this opinion. On the one hand, yes, it's important, and we want to make sure that...

U.S. v. Nasri (9th Cir. - Oct. 29, 2024)

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Do you remember Pennoyer v. Neff  -- likely from your first day of Civil Procedure as a first year in law school? Today's opinion from t...
Monday, October 28, 2024

Alafi v. Cohen (Cal. Ct. App. - Oct. 25, 2024)

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I'm often protective of professors, but ironically enough, here's a recent opinion from the Court of Appeal involving a $20 million...
Friday, October 25, 2024

U.S. v. Shih (9th Cir. - Oct. 25, 2024)

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Today's Ninth Circuit opinion notes that "Shih, an electrical engineering professor at the University of California, Los Angeles, ...
Thursday, October 24, 2024

CPC Patent Tech. v. Apple, Inc. (9th Cir. - Oct. 24, 2024)

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You're not going to read this opinion unless you're a super  nerd; or perhaps care deeply about appellate jurisdiction over nonfina...

Price v. Superior Court (Cal. Ct. App. - Oct. 23, 2024)

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How do you feel about sentences that are not grammatically complete sentences? Personally, I'm not a monster stickler for old-style gram...
Wednesday, October 23, 2024

Committee to Recall Dan Holladay (9th Cir. - Oct. 23, 2024)

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Judge Bumatay (alongside Judges Bennett, Nelson & VanDyke) dissent from the denial of rehearing en banc in this case. It's a 30-page...
Tuesday, October 22, 2024

A.D. Improvements v. Dep't of Transportation (Cal. Ct. App. - Oct. 22, 2024)

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A statute requires CalTrans to sell “commercial real property acquired for the construction of a state highway, but no longer required for t...
Monday, October 21, 2024

Montejo-Gonzalez v. Garland (9th Cir. - Oct. 17, 2024)

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If she had consistently met all her other deadlines but got caught in multiple traffic accidents on her way to court, would you deport someo...
Friday, October 18, 2024

In re Chreech (9th Cir. - Oct. 16, 2024)

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Judge Bybee writes a very persuasive opinion that grants mandamus relief and requires Judge Brailsford to recuse herself from the underlyin...
Tuesday, October 15, 2024

People v. O'Bannon (Cal. Ct. App. - Oct. 15, 2024)

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There are undoubtedly a lot of reasons why you don't want to be homeless and living in a Salvation Army shelter. Nontrivially amongst th...
Monday, October 14, 2024

Howard Jarvis Taxpayers Ass'n v. Powell (Cal. Ct. App. - Oct. 11, 2024)

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The trial court thought that the board members of the Coachella Valley Water District had brought an entirely frivolous anti-SLAPP motion, s...
Thursday, October 10, 2024

Katayama v. Continental Investment Group (Cal. Ct. App. - Oct. 9, 2024)

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Clearly I'm just meaner than the Court of Appeal. Or at least the 4/3. Plaintiff files a lawsuit, and defendant propounds twenty RFAs. P...
Wednesday, October 09, 2024

Montana Medical Ass'n v. Knudsen (9th Cir. - Oct. 9, 2024)

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Montana passed a statute during the height of COVID that prohibited anyone from requiring vaccination; e.g., for employment or to enter an e...
Tuesday, October 08, 2024

People v. SanMiguel (Cal. Ct. App. - Oct. 8, 2024)

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It seems like the Court of Appeal is gradually becoming more like the Ninth Circuit . Sadly.
Monday, October 07, 2024

Union Pacific R.R. v. Superior Court (Cal. Ct. App. - Oct. 7, 2024)

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I feel like most of the cases with the caption "Union Pacific R.R. v. Superior Court" are from an earlier century -- say, the 1800...
Thursday, October 03, 2024

E.G. v. M.L. (Cal. Ct. App. - Oct. 3, 2024)

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Whenever you might think that your family life contains a bit too much drama, feel free to compare your situation to this one for a little ...

In re Maury (Cal. Ct. App. - Oct. 2, 2024)

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Maybe I should listen to more "true crime" podcasts, but I didn't know before reading this opinion that there was a serial ki...
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