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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

California Coastal Comm'n v. Allen (Cal. Ct. App. - Oct. 1, 2008)

Posted on October 10, 2008
There are lots of ways to lose your home, especially in the contemporary financial market. Here's another.Even multi-million dollar Malibu homes are not immune.

People v. Briones (Cal. Ct. App. - Oct. 9, 2008)

Posted on October 09, 2008
I don't know why the Court of Appeal decided not to publish Part I of this opinion. It's an important issue, and one that I imagine arises with some frequency; indeed, introducing testimony like this may well arise from an outline that a wide variety of prosecutors use when examining witnesses who have made a deal...

Pacific Sunwear v. Oleas Enterprises (Cal. Ct. App. - Oct. 9, 2008)

Posted on October 09, 2008
The things I don't know about the UCC could fill a book. A book roughly the size of, say, the UCC.I know a decent amount about intellectual property (though much less than my wife), but did not realize until this morning that the UCC -- including California's version of it -- has a fairly strong default value that the seller warrants that the products are delivered free of any infringement claims...

Stillwell v. The Salvation Army (Cal. Ct. App. - Oct. 6, 2008)

Posted on October 08, 2008
There's not much today. Just a couple of opinions from the Ninth Circuit and one from the California Court of Appeal. For some reason, the beginning of October seems to be fairly slow. I blame professional football and the MLB playoffs.There is one opinion from a couple days ago that I went back and reread this morning...

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U.S. v. Delgado (9th Cir. - Oct. 7, 2008)

Posted on October 07, 2008
I guess I could have figured it out by reasoning from first principles. But I'll admit my ignorance, and that I did not know -- until this morning -- that the police can conduct warrantless seizures/stops of commercial trucks for with no probable cause (or even reasonable suspicion) whatsoever...

Alaska Independence Party v. State of Alaska (9th Cir. - Oct. 6, 2008)

Posted on October 06, 2008
The Alaska Independence Party got more than its typical share of press after the discovery of the Palins' connections thereto. So we may collectively know a little more about its substantive views than we did previously; nonetheless, for insight into the manner in which the AIP nominates its candidates during the primaries, and for insight into how it wishes it could nominate its candidates, check out this opinion...

Slovik v. Yates (9th Cir. - Oct. 6, 2008)

Posted on October 06, 2008
Want to know how coin-operated pool tables know how to send the cue ball back to you? Judge Bybee helps out in footnote 2. In the midst of reversing a conviction for throwing pool balls during a bar fight. Down here in San Diego, no less.Or you can read this...

Caldwell v. Caldwell (9th Cir. - Oct. 3, 2008)

Posted on October 03, 2008
How things can change. When I first started reading this opinion (by Judge Rymer), my initial reaction was that (1) the plaintiff had standing to bring the action, but (2) the merits of the lawsuit were incredibly weak. But as to the first point, Judge Rymer -- as well as Judge Betty Fletcher's concurrence -- persuaded me that plaintiff probably didn't have standing...

Castaneda v. United States (9th Cir. - Oct. 2, 2008)

Posted on October 02, 2008
Let me preface this with the following: Read at your own risk. Remember, I'm just quoting. But for the squeamish amongst you -- especially you men -- maybe you should just skip this one. (By contrast, for a glimmer of the nature of the beast, you can just read the sentences I've underlined):"Francisco Castaneda was imprisoned by the State of California following a December 6, 2005 criminal conviction and held in the custody of the California Department of Corrections (DOC) until his early release date, March 26, 2006...

McFarland v. Kempthorne (9th Cir. - Oct. 2, 2008)

Posted on October 02, 2008
You may well own two-plus acres of land in the middle of the "Big Prairie" in Glacier National Park (in Montana). And we have let you get to your property in the past by driving on Glacier Route 7.But, at this point forward, if you want to get to your land -- at least during the winter -- you're going to have to walk...

M.V. v. Superior Court (Cal. Ct. App. - Sept. 30, 2008)

Posted on October 01, 2008
We spent all day Monday in my "Law of Love" class talking about statutory rape. The typical offender, of course, is male. But just as obvious is the fact that there are numerous exceptions to this general rule.The next day (yesterday), Justice Ikola graciously publishes this opinion, which involves an Orange County woman who was (1) arrested for consensual sexual intercourse with a 15-year old boy, (2) had her two-year old son taken away from her (and put into protective custody) based upon her arrest and incarceration; (3) spent four months in county jail as a result of the charge; (4) was promptly deported to Mexico; and (5) then reunification services terminated (and a hearing set on permanent termination of her parental rights) due to the fact that her incarceration and subsequent deportation precluded her from spending a lot of time with her two-year old boy (who remained in protective custoday in the United States)...

Freedom Communications v. Superior Court (Cal. Ct. App. - Sept. 30, 2008)

Posted on October 01, 2008
Talk about speedy justice.Freedom Communications (i.e., the Orange County Register) is being sued in a wage-and-hour class action by its newspaper carriers. Ten days before the trial, counsel for plaintiffs seeks an ex parte order that precludes the O...

Golden Gate Restaurant Ass'n v. City and County of San Francisco (9th Cir. - Sept. 30, 2008)

Posted on September 30, 2008
When the Ninth Circuit grants a stay of the district court's order, that's often a hint as to what might happen on the merits.As it was here.

Vaught v. Scottsdale Healthcare Corp. (9th Cir. - Sept. 29, 2008).

Posted on September 30, 2008
Here's another reason not to drive drunk. Because your health insurance company may well deny benefits to you, leaving you solely responsible for all of your (massive) hospitalization costs.Didn't know they could (and did) do that. Good to know.

People v. Munoz (Cal. Ct. App. - Sept. 29, 2008)

Posted on September 29, 2008
Don't pass counterfeit bills. Don't pass and possess counterfeit bills each of which contains the same serial number. And, for goodness sake, don't pass counterfeit bills to pay your motel bill while you're still there, at least if there's stuff in the motel room you'd like to hide...

Perez v. City of Los Angeles (Cal. Ct. App. - Sept. 29, 2008)

Posted on September 29, 2008
This is not your usual police misconduct case.My reaction to most of the opinions I read in which a police officer has been terminated (and then appeals his or her termination) involve negative reactions towards the officer and a feeling that the termination was more than justified...

M.B. Financial Group v. USPS (9th Cir. - Sept. 25, 2008)

Posted on September 26, 2008
Want to know when (if ever) you can sue the United States Postal Service? Want to read a good statutory interpretation case? Want to see how a dissent might practically employ law and economics to advance a particular result?If the answer to any of these three questions is "Yes," here's your assigned reading for the day...

Crawford v. Astrue (9th Cir. - Sept. 25, 2008)

Posted on September 25, 2008
This is a hard one. Make even harder by the fact that both the majority opinion (written by Judge Friedman, sitting by designation from the Federal Circuit, and joined by Judge Randy Smith) and the dissent (authored by Judge Betty Fletcher) make some pretty darn good points...

DirecTV v. Webb (9th Cir. - Sept. 25, 2008)

Posted on September 25, 2008
You can occasionally obtain helpful life tips by reading Ninth Circuit opinions. Tips that will make your life go a little bit better, without the nasty bumps that events may otherwise sometimes bring.So, for example, after reading this case, one might easily derive the following lesson: When you're stealing DirecTV by buying pirated access devices over the internet, make sure to tell your girlfriend...

Bourgi v. West Covina Motors (Cal. Ct. App. - Sept. 24, 2008)

Posted on September 24, 2008
Remember that "new" car you purchased at the dealership? Are you sure it was really "new", as opposed to previously damaged, repaired, and then sold as "new"?Think again.Interesting stuff. Even if you don't happen to have purchased a "new" Hummer from Hummer of West Covina that, as it turns out, was one of the manny Hummers previously damaged by the Earth Liberation Front.

U.S. v. Gomez-Leon (9th Cir. - Sept. 24, 2008)

Posted on September 24, 2008
As anyone down here knows, the process is slow. But, eventually, if you commit enough crimes, and if you return after being deported again and again and again, they're eventually going to let you stay in the U.S. for a while. But you'll do so in prison...

State of Alaska v. Federal Subsistence Board (9th Cir. - Sept. 23, 2008)

Posted on September 23, 2008
The lovely town of Wasilla, Alaska has gotten a fair amount of attention recently thanks to Sarah Pahlin. But Wasilla at least has several thousand residents.More overlooked, however, is the even prettier town of Chistochina, Alaska. Which has a total population of 97 souls...

In Re Shane G. (Cal. Ct. App. - Sept. 23, 2008)

Posted on September 23, 2008
I'm glad that Justice McConnell decided to publish this opinion. Not because it has any huge precedential significance. But rather because I learned something.I'm the father of three small children, from age six to age one. But until I read this opinion, I didn't know what "enuresis" was...

Quinones v. Superior Court (Cal. Ct. App. - Sept. 22, 2008)

Posted on September 22, 2008
I don't care how big or strong you are. In San Diego, at least, if you get into a beef with another vehicle on the road, don't get out of your car and attempt to make even marginal hay. Nothing good will become of it. Either for the "winner" or "loser" of the resulting battle of wills.

Barrett v. Belleque (9th Cir. - Sept. 22, 2008)

Posted on September 22, 2008
Ah, the good old First Amendment. And the speech it protects. Including the right of a prisoner to send letters to his mother and grandmother (!) using vulgar and racist language to describe his captors.Actually, the Ninth Circuit doesn't even hold that -- it merely holds that the complaint here survives a motion to dismiss...

In Re Asencio (Cal. Ct. App. - Sept. 15, 2008)

Posted on September 19, 2008
Bad Fact No. 1: Your six-year old niece has gonorrhea.Bad Fact No. 2: So do you.Bad Fact No. 3: Your niece tells the police, while crying, and utterly credibly, that you improperly touched her.Bad Fact No. 4: You admit to the police that you did indeed improperly touch her...

Dumontier v. Schlumberger Technology Co. (9th Cir. - Sept. 11, 2008)

Posted on September 19, 2008
Defendant carelessly left some cesium-137 lying around, and you were exposed to it. You're freaked out, and would like to sue -- and at least get reimbursed for monitoring for cancer.Tough luck. At least in the Ninth Circuit.Sorry about that, Chief.

Cosa v. Mukasey (9th Cir. - Sept. 15, 2008)

Posted on September 18, 2008
It's amazing what you can learn by reading published opinions. For example, before this one, could I have told you what Millenism entails? Nope. No way. It's not even in Wikipedia, for goodness sake. (And, for you football fans, no, Millenism does not in fact involve the worship of Matt Millen...

Carmona v. Carmona (9th Cir. - Sept. 17, 2008)

Posted on September 17, 2008
When you're reading a case about ERISA and the Rooker-Feldman doctrine (i.e., zzzzzzzz), you don't typically expect to see sentences like: "the dispute in this case only concerns wives number eight and nine. None of the previous seven wives are involved in the present litigation...

Bromfield v. Mukasey (9th Cir. - Sept. 15, 2008)

Posted on September 17, 2008
We get up on our high horse sometimes.Let's not forget that as recently as five years ago, some of the United States still retained criminal statutes that penalized homosexual sodomy with up to twenty years in prison. And that within the last twenty or so years, even our highest Court approved such prosecutions...

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