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, August 28, 2025

Childs v. San Diego Family Housing (9th Cir. - Aug. 28, 2025)

›
The tenants are suing for mold. The lawsuit is procedurally complicated because the property is on a military base here in San Diego, and so...
Wednesday, August 27, 2025

Emmons v. Jesso (Cal. Ct. App. - Aug. 27, 2025)

›
You don't see many landlord/tenant disputes in the Court of Appeal, much less published opinions about them. Or at least very few about ...
Monday, August 25, 2025

People v. Fletcher (Cal. Supreme Ct. - Aug. 25, 2025)

›
As I've noted previously, the California Supreme Court is far less fractious than the United States Supreme Court. The opinions of the f...
Thursday, August 21, 2025

Washington v. County of San Diego (Cal. Ct. App. - Aug. 21, 2025)

›
When the previous head of the Public Defender's Office down here in San Diego left the job, there was an opening, and in an unusual move...
Tuesday, August 19, 2025

Gonzalez v. Herrera (9th Cir. - Aug. 19, 2025)

›
The Ninth Circuit decides today that prisoners who earn time credits under the First Step Act can have those credits applies to reduce the ...
Monday, August 18, 2025

People v. Alvarez (Cal. Supreme Ct. - Aug. 18, 2025)

›
It's an death penalty case , and involves the horrible child abuse murders of an infant and a four-year old. Important on any metric. Ac...
Friday, August 15, 2025

In re Subpoena Internet Subscribers (9th Cir. - Aug. 15, 2025)

›
Here's a good example of a quasi- Streisand effect as applied to precedent. The studio that owns the rights to the movie The Fall  are,...
Thursday, August 14, 2025

Gamo v. Merrell (Cal. Ct. App. - Aug. 14, 2025)

›
This seems right to me . Just because a statute (here, the Consumer Legal Remedies Act) allows for one-way fee shifting if the plaintiff pre...
Wednesday, August 13, 2025

Nwauzor v. The GEO Group (9th Cir. - Aug. 13, 2025)

›
Earlier today, Judge Bumatay, joined by Judges Callahan and VanDyke, authored a strongly worded, 27-page single-spaced dissent from the deni...
Tuesday, August 12, 2025

Bieganski v. Shinn (9th Cir. - Aug. 12, 2025)

›
There were over a half dozen published Ninth Circuit opinions today, which comprised nearly 200 pages of single-spaced text. So a lot to rea...
Monday, August 11, 2025

The Satantic Temple v. Labrador (9th Cir. - Aug. 11, 2025)

›
I get it. You want to challenge Idaho's radical anti-abortion law on constitutional grounds. Truly: I get the motivation. But, if only a...

Hohenshelt v. Superior Court (Cal. Supreme Ct. - Aug. 11, 2025)

›
I'm surprised that the Court wasn't able to get Justices Corrigan and Jenkins on board for this one. The majority opinion goes out o...
Thursday, August 07, 2025

Munoz v. Regents (Cal. Ct. App. - Aug. 5, 2025)

›
Okay, I guess. But particularly now having seen what the Trump administration has (successfully) done to Harvard, Columbia, and a wide varie...
Tuesday, August 05, 2025

People v. Harlow (Cal. Ct. App. - Aug. 5, 2025)

›
I have always thought that California's mental health pretrial diversion statute gave potential criminals a fair degree of incentive to...
Monday, August 04, 2025

In re Ja. O. (Cal. Supreme Ct. - Aug. 4, 2025)

›
This is low-key sweet . Justices on the United States Supreme Court are -- as you know -- increasingly fractious. Dissents are  often vitrio...
Thursday, July 31, 2025

Gutierrez v. Tostado (Cal. Supreme Ct. - July 31, 2025)

›
I always appreciate getting back from a family vacation and seeing a published opinion that helpfully summarizes for the reader its basic ho...
Monday, July 28, 2025

Hara v. Netflix (9th Cir. - July 28, 2025)

›
It's not news to me to discover that I'm not hip. Indeed, it's fairly self-evident. As a non-hipster, until today, I definitely ...
Tuesday, July 22, 2025

People v. Choyce (Cal. Supreme Ct. - July 21, 2025)

›
Given the multiple brutal rapes and murders (that we know of), it's understandably difficult to want Mr. Choyce to continue to live. Not...
Monday, July 21, 2025

Wig Inflatables, Inc. v. Lloyds of London (Cal. Ct. App. - July 21, 2025)

›
Okay, Baker & McKenzie. You  successfully defeated appellee's motion to dismiss your appeal , with the Court of Appeal holding that ...
Thursday, July 17, 2025

People v. Lara (Cal. Ct. App. - July 17, 2025)

›
Two points. Very quickly. Only the first is about the opinion itself. And neither, quite frankly, is critical (or perhaps even important). T...
‹
›
Home
View web version

About Me

My photo
Shaun Martin
View my complete profile
Powered by Blogger.