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, November 27, 2024

People v. Multani (Cal. Ct. App. - Nov. 26, 2024)

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Mr. Multani has been sentenced to life in prison. But he also has stage IV lung cancer. It's going to kill him, so he would like compass...
Tuesday, November 26, 2024

Murphy v. City of Petaluma (Cal. Ct. App. Nov. 25, 2024)

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Here's another one where both  the trial court and the Court of Appeal seem to me to have the right take; this time, in dismissing a la...
Monday, November 25, 2024

Juarez v. San Bernardino School Dist. (Cal. Ct. App. - Nov. 25, 2024)

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It's been a busy week or so, and as a result, I've gotten a little behind on reading cases. But today sees a good one that's def...
Monday, November 18, 2024

LCPFV, Inc. v. Somatdary Inc. (Cal. Ct. App. - Nov. 11, 2024)

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On occasion, I'll read an opinion by Justice Wiley that I feel is too harsh or curt (or both). Not here . A plumber allegedly didn't...
Friday, November 15, 2024

The Comedy Store v. Moss Adams LP (Cal. Ct. App. - Nov. 14, 2024)

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You've got to pull quite a few doctrinal moves to make this opinion work. But Justice Mori pulls them all . The Court of Appeal holds th...
Tuesday, November 12, 2024

In re Baby Girl R. (Cal. Ct. App. - Nov. 12, 2024)

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Let's begin the week with the only published appellate opinion in the last four days . Albeit a somewhat depressing one. The facts: ...
Friday, November 08, 2024

Grand Canyon University v. Bolton (9th Cir. - Nov. 8, 2024)

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I gotta be honest that I liked the district court's decision better than the Ninth Circuit's in this one . It's a summary judgme...
Wednesday, November 06, 2024

In re Marriage of Diamond (Cal. Ct. App. - Nov. 5, 2024)

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I thought it was very nice of Justice Feuer to spend 32 pages carefully analyzing this appeal , which affirmed the trial court's rejecti...
Tuesday, November 05, 2024

Mountain View P.D. v. Krepchin (Cal. Ct. App. - Nov. 4, 2024)

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I seriously hope that Mr. Krepchin gets some assistance with his mental heath. But, in the meantime, I completely agree with the Court of Ap...
Monday, November 04, 2024

Martinez v. Superior Court (Cal. Ct. App. - Nov. 4, 2024)

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I understand where the Court of Appeal is coming from here . The Legislature may well allow you to retrospectively withdraw your guilty plea...
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...
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