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Federal Judiciary

California Appellate Report

Commentary on recent Ninth Circuit.
By Shaun Martin

Post Frequency: 4.3/day

Last Entry: November 04, 2020 at 16:52:00

Doe v. Holy See (9th Cir. - March 3, 2009)

Posted on March 03, 2009

Sheehan v. San Francisco 49ers (Cal. Supreme Court - March 2, 2009)

Posted on March 02, 2009

Genethera v. Troy & Gould, PC (Cal. Ct. App. - Feb. 27, 2009)

Posted on February 27, 2009

McCoy v. Progressive Ins. Co. (Cal. Ct. App. - Feb. 26, 2009)

Posted on February 27, 2009

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Nazari v. Ayrapetyan (Cal. Ct. App. - Feb. 26, 2009)

Posted on February 26, 2009
What partions of the following do you think come from a real case, and what parts come from an absurd law school hypothetical:"On March 27, 2003, defendant invited plaintiff to his house for tea. In the backyard, defendant offered to pick an orange for plaintiff...

People v. Hayes (Cal. Ct. App. - Feb. 25, 2009)

Posted on February 25, 2009
What does "sharp" mean? It's not just an epistomological, linguistic or abstract question. It matters. Like here.The defendant here gets convicted of violating Section 4502(a) of Penal Code, which prohibits convicts from possessing a wide variety of things in the joint -- e...

People v. Bunyard (Cal. Supreme Ct. - Feb. 23, 2009)

Posted on February 24, 2009
This is not the longest death penalty opinion by the California Supreme Court (by far), and tops out at only 33 double-spaced pages. But I can shorthand it for you even more concisely:"Dude, you paid your drifter druggie friend to blow away your nine-months-pregnant wife with a shotgun so you wouldn't have to give her any money in a divorce and could successfully marry your mistress...

Soto-Olarte v. Holder (9th Cir. - Feb. 23, 2009)

Posted on February 23, 2009
Want to see how you "distinguish" (read: overrule) prior circuit holdings without an intervening Supreme Court decision? Here's how.The panel here holds that the IJ didn't have a substantial basis for finding the petitioner to lack credibility. Fair enough...

McKay v. Ingleson (9th Cir. - Feb. 23, 2009)

Posted on February 23, 2009
The Ninth Circuit has said it once, and they'll say it again (and again). You've got to pay your student loans. Even if you go bankrupt. And even if your creditor is the University itself, who (like Vanderbilt University here) gives you the loan essentially in the form of a credit card, and at an inflated, credit-card like interest rate...

Video Software Dealers Ass'n v. Schwarzenegger (9th Cir. - Feb. 20, 2009)

Posted on February 20, 2009
Seventeen-year old lovers of violent video games such as Grand Theft Auto: Vice City and Death Nukem 3D can rest easy. You've got a constitutional right to purchase and play such games, notwithstanding the resulting (alleged) impact on your personality...

Christler v. Express Messenger Systems (Cal. Ct. App. - Feb. 11, 2009)

Posted on February 19, 2009
Contrary to the perception of some, not every class action settles. They don't always prevail at trial either. Here's an example.P.S. - Want to know how those blue and yellow "California Overnight" boxes get picked up? Check out the opinion for that as well...

Calemine v. Samuelson (Cal. Ct. App. - Feb. 17, 2009)

Posted on February 19, 2009
Just some practical advice for the day. When you're selling a home, and there's been a lawsuit about alleged damage to the home, don't just disclose the damage. Also disclose the lawsuit. Or potentially face another lawsuit yourself.

People v. Murillo (Cal. Ct. App. - Feb. 18, 2009)

Posted on February 18, 2009
Here are some teasers to try to persuade you to read this case:(1) It's about a 21 year old woman having sex with a 16 year old boy, a relationship that started a year previously. So it's, in a word, titillating.(2) The woman seems sincerely remorseful...

David A. Karton, A Law Corporation v. Dougherty (Cal. Ct. App. - Feb. 17, 2009)

Posted on February 18, 2009
Here's a case that reminded me of the old saying: "Pigs get fat. Hogs get slaughtered."It's a case involving a default judgment against a client who owed an attorney -- David Karton (a Beverly Hills divorce lawyer) -- around $65,000 in unpaid fees and costs...

Affiliated FM Ins. v. LTK Consulting (9th Cir. - Feb. 17, 2009)

Posted on February 17, 2009
It's the Tuesday after a long weekend. What better day to sluff off some work?! Or, to use the lingo we employ in the federal judiciary, to certify questions to the state supreme courts.Truthfully, I'm often in favor of certification. Still, I thought that the timing of the orders was worth at least a tiny (good-natured) jab...

Winterrowd v. American General Annuity Ins. Co. (9th Cir. - Feb. 17, 2009)

Posted on February 17, 2009
Ever litigate a case in a federal district court outside your state? Lots of us have. Ever consult and/or help another lawyer in one of those cases? Not so rare anymore. Judge Milan Smith has a fairly good quote in this regard that's both accurate and worth repeating: "Even at a time when the largest law firms in the United States were composed of not many more than one hundred lawyers, Judge Friendly observed that we live in an 'age of increased specialization and high mobility of the bar...

U.S. v. Autery (9th Cir. - Feb. 13, 2009)

Posted on February 16, 2009
With all the relevant holidays, it's been fairly slow lately in the appellate world. Nonetheless, here's something to think about as the new week begins.You're on the district court. You've got a person before you who's guilty of possessing child pornography...

Musladin v. Lamarque (9th Cir. - Feb. 12, 2009)

Posted on February 12, 2009
Let me put today's 35-page (single-spaced) opinion from the Ninth Circuit a slightly different way than Judge Berzon does:"We previously granted relief to this habeas petitioner because some spectators at his trial had worn prominent inflammatory buttons...

Cotton v. Expo Power Systems (Cal. Ct. App. - Feb. 9, 2008)

Posted on February 11, 2009
Want to see a case where both sides might as well flush money down the toilet for all it accomplishes?Here you go.

Citizen of Humanity v. Costco (Cal. Ct. App. - Feb. 11, 2009)

Posted on February 11, 2009
Here's an example of an appellate court that has a great deal of common sense and, for this reason, the ability to peer through facially reasonable b***s**t to see what's really going on. And yet, simultaneously, both able and willing to follow the law and let a cognizable claim go forward even when it's a stalking horse for something different...

U.S. v. Cruz (9th Cir. - Feb. 10, 2009)

Posted on February 10, 2009
I like how Judge Reinhardt begins this one: "At first glance, there appears to be something odd about a court of law in a diverse nation such as ours deciding whether a specific individual is or is not 'an Indian.'" Because he's right that I wouldn't ordinarily have thought that criminal liability turns upon this issue...

Jamgotchian v. Slender (Cal. Ct. App. - Feb. 9, 2009)

Posted on February 09, 2009
My wife and I used to live very close to the Del Mar race track, which we saw during our daily walk around the neighborhood. Notwithstanding that fact, I've never actually been there, and my proximity to the track didn't give me much information about the logistics of horse racing, including all of the details regarding what horse races when...

Dawson v. Marshall (9th Cir. - Feb. 9, 2009)

Posted on February 09, 2009
In 2005, when he's a magistrate judge, Judge Larson reviews Dawson's habeas petition and recommends its denial. Dawson then objects and seeks review (as is his right) by an Article III district court judge. In 2006, who in the Central District is assigned to review the objections to Judge Larson's recommendation? Yes, Virginia...

Regal-Beloit Corp. v. Kawasaki Kisen Kaisha Ltd (9th Cir. - Feb. 4, 2009)

Posted on February 06, 2009
A train derails in Tyrone, Oklahoma, resulting in alleged damage to the cargo. What law applies to any dispute (including the relevant choice of forum) arising therefrom?Let's see. Train. Derailed. Oklahoma. Hmmm. Let's make an educated guess. . . .Wrong...

Dixon v. Superior Court (Cal. Ct. App. - Feb. 4, 2009)

Posted on February 05, 2009
There was something that just didn't look right about this case. I was surprised, for example, that a "reporter" filed a California Public Records Act case seeking autopsy results and yet prosecuted the petition pro per. Not something you usually see...

Ramirez-Altamirano v. Mukasey (9th Cir. - Feb. 4, 2009)

Posted on February 04, 2009
Far be it from me to make more of things than is due. But is there something going on here that I should know about?Last week, Judges Wardlaw and Ikuta got into a huge bench slap, something about which I commented here. Don't get me wrong; I like a spirited and vigorous debate, especially among able judges (as are both here) who are convinced that they're right and the other side's wrong...

U.S. v. Al Nasser (9th Cir. - Feb. 4, 2009)

Posted on February 04, 2009
Judge Kleinfeld writes an incredibly sophisticated opinion here. Better than I would have thought possible, and certainly better than I could have written. It has much to recommend it. (Plus, I liked the forthrightness of the first footnote, which reads: "Judge Ferguson dissented in our earlier decision in this case ...

San Diego Unified School Dist. v. County of San Diego (Cal. Ct. App. - Jan. 20, 2009)

Posted on February 03, 2009
It's a lazy Tuesday thus far. No published opinions by the Ninth Circuit or California Supreme Court today, and none yet by the California Court of Appeal. We'll see what the afternoon brings.Meanwhile, for something a little different, check out a county school district suing its own county...

People v. Bayah (Cal. Ct. App. - Feb. 3, 2009)

Posted on February 03, 2009
It's remained a slow day, with only a couple of opinions from the Court of Appeal. But this opinion allows us to at least play one of our favorite games (and a reminder of law school exams): Fill in the blank.How do you think this one comes out: "Two versions of the facts were presented at trial: one told by the deputies who arrested defendant, and the other told by defendant...

Insyst v. Applied Materials (Cal. Ct. App. - Jan. 30, 2009)

Posted on February 02, 2009
Electronic service (e.g., e-mail) may perhaps be good for some things. And if there's an attachment, that may perhaps be a close call, and sometimes work.But merely providing a link doesn't constitute proper service. At least under the existing statutes...

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