California Appellate Report: Federal Judiciary

Home -> Law Blog Directory -> Federal Judiciary Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

On Vacation - March 17, 2008

Posted on March 17, 2008
I am on vacation in Hawaii until Thursday, March 20, 2008,and I will write again upon my return.

Lanier v. City of Woodburn (9th Cir. - March 13, 2008)

Posted on March 13, 2008
Wait a minute here. You want to drug test part-time library pages based upon some alleged "special need" to avoid, say, a hopped up page potentially giving a library patron the wrong book?Even Judge Rymer says: I think not.Rightly so.

People v. Clemons (Cal. Ct. App. - March 12, 2008)

Posted on March 13, 2008
I'm not one of those people who bend over backwards doctrinally to let people represent themselves or do whatever idiotic thing comes into their head at trial. Yes, I know, you have a right to represent yourself. But it's a terrible idea, generally. And I'm not entirely convinced that, systemically, the upsides of permitting wholesale self-representation are worth the pervasive downsides...

In Re Carl N. (Cal. Ct. App. - March 12, 2008)

Posted on March 12, 2008
"Dude, I hear you about footnote 3. But mellow out. We already changed that one, man."That's myspeak. Justice Huffman puts it more elegantly: "The Attorney General's March 6, 2008 request for modification of the opinion filed herein on February 25, 2008, as to footnotes 1 and 3, is denied as moot with respect to footnote 3 because this court has already revised that footnote on its own motion...

To access this complete feed in the blog feed reader login or register for free.

Desimone v. County of Los Angeles (Cal. Ct. App. - March 10, 2008)

Posted on March 12, 2008
I usually don't comment about -- or, truthfully, even read all of the -- unpublished opinions by the Court of Appeal. There are simply too many of them.But this one is so cool to require at least brief mention.First, who knew that those little tracking devices the police put on your car can catch fire and burn your house (or garage) down?! Wow...

Trans-Tech Asia v. M/V Harmony Container (9th Cir. - March 11, 2008)

Posted on March 11, 2008
Choice of law?! Maritime liens?! Application of the Bunker Confirmation pursuant to Malaysian contract principles?! How exciting!!What's that? You say that Judge McKeown has written an opinion that spans over 25 single-spaced pages on these fascinating principles? Let me at it!Oh, how I wish I had time to reread that opinion...

Manta v. Chertoff (9th Cir. - March 11, 2008)

Posted on March 11, 2008
Does it really take almost a full decade to extradite someone to Greece for a run-of-the-mill crime? It does here.Greece asked for Crystalla Kyriakidou to be extradited from the U.S. to Greece in 1999. You'd have thought that she'd have been sent packing way before 2008...

U.S. v. Rodriguez (9th Cir. - March 10, 2008)

Posted on March 10, 2008
It's sometimes hard to explain to students -- or even, on occasion, lawyers -- what precedential difference (if any) it makes that a Supreme Court opinion is a 5-4 rather than a 9-0. After all, the legal rule adopted by the majority constitutes binding precedent, right? The rule is the rule, and as long as it gets any number of votes greater than 4...

People v. McGowan (Cal. Ct. App. - March 10, 2008)

Posted on March 10, 2008
Let me give you a running commentary of my thought process as I read this one:"On the morning of March 19, 2006, defendant was partying in his house with C.G., B.M., and two other gentlemen. . . ."Okay, not so bad. A little relaxation. Good friends...

In Re Rachel L. (Cal. Ct. App. - Feb. 28, 2008)

Posted on March 07, 2008
Things aren't going very well for Justice Croskey lately.He published an opinion late last week about homeschooling that was interesting, but which I didn't think was especially worthy of comment because I understood (I think) what he meant and where he was coming from, at least in the context of the children at issue in the case, who had been allegedly highly abused and neglected...

Kendall v. Visa (9th Cir. - March 7, 2008)

Posted on March 07, 2008
Want to know how credit cards work; in particular, who gets what money (and what percent) when you buy something with a credit card? Judge Bea tells you in pretty exhausting detail. And also gives you a keen sense that there's a ton of money made by a ton of different groups here, who may also be colluding to make sure it stays that way...

California Back Specialists v. Gary Rand (Cal. Ct. App. - March 6, 2008)

Posted on March 06, 2008
You don't see a plethora of cases in which attorney's fees are awarded to the non-moving party on an anti-SLAPP motion; i.e., because the anti-SLAPP motion was frivolous. Much less do you see that happen a lot when the party spanked is an attorney.But Van Nuys attorney Gary Rand learned today that it happens...

In Re Anthony M. (Cal. Ct. App. - Nov. 8, 2007)

Posted on March 06, 2008
Not too much from the Ninth Circuit or California Court of Appeal today. We'll see what the late afternoon brings from the latter.In the meantime, here's a story you don't want to hear:"On the afternoon of July 8, 2005, the minor, 14-year-old Anthony M...

People v. Duncan (Cal. Ct. App. - March 5, 2008)

Posted on March 05, 2008
Let me speak to you know as your lawyer. Or friend. Or merely someone who has half a brain.If you have methamphetamine, marijuana, small baggies, and an electronic scale in your vehicle, as well as a suspended license, do not drive around San Diego -- or anyplace else in California, for that matter -- with your license plate upside down...

Hicks v. KNTV Television (Cal. Ct. App. - March 5, 2008)

Posted on March 05, 2008
KNTV (NBC 11) says to Brad Hicks: "You were fine as an anchor when we were just in Salinas/Monterey. But now that we're in San Jose/Oakland/San Francisco, you're fired."Brad responds: "You just want to replace me as anchor because I'm white. And hired an African-American to replace me...

Tall v. Mukasy (9th Cir. - Feb. 27, 2008)

Posted on March 04, 2008
You mean to tell me that I can be deported if I make a crappy knockoff of a Pink Floyd (or whatever) t-shirt?Yep.

U.S. v. Alghazouli (9th Cir. - March 4, 2008)

Posted on March 04, 2008
Why is the Southern District of California -- i.e., San Diego -- so overwhelmed with federal criminal cases, you might ask? Well, one reason is because it's so darn easy to make money down here, albeit illegally. You drive down to Mexico, pick up some stuff, sneak it across the border, and sell it to Americans with a voracious appetite for your product...

U.S. v. Cannel (9th Cir. - March 3, 2008)

Posted on March 03, 2008
Okay, I get it now. Obviously the problem is that I'm not being specific enough.Sure, I told everyone back in December that anyone named "Horneygirl14" -- or any such name -- isn't really a 14-year old girl, but is instead an FBI agent. Then I again articulated a similar message in January, this time as the opinion related to an FBI agent whose nom-de-chat-room was "SusieBabyGirl" and who also pretended to be a 14-year old girl...

U.S. v. Mendoza (9th Cir. - March 3, 2008)

Posted on March 03, 2008
I don't know.Yes, there was an eight year delay between when Paul Mendoza was indicted and when he was arrested. That's a long time. So I can see why the panel here -- Judges Nelson, Paez, and Bybee -- dismisses the conviction as a violation of his Sixth Amendment speedy trial rights...

Bradley v. Henry (9th Cir. - Feb. 29, 2008)

Posted on February 29, 2008
Once every four years or so -- say, every February 29th -- you see something unusual.Here's what Judge Clifton adds today to his separate opinion back in December: "You may have five votes, Judge Noonan. Which is more than my four. But five isn't half of eleven...

Adaimy v. Ruhl (Cal. Ct. App. - Feb. 28, 2008)

Posted on February 28, 2008
Want to bet that Ernest Franceschi -- who may be a slightly better blackjack player than he is a lawyer -- and Robert Helfing and Kirk Jenkins (both of whom are with Sedgwick Detert) get sued by Edmond Adaimy for blowing the deadline to file a notice of appeal?Count on it...

California Faculty Ass'n v. PERB (Cal. Ct. App. - Feb.28, 2008)

Posted on February 28, 2008
Anyone who's ever been a member of a university faculty knows how pesky its members can be about parking. Where you park, how far from your office the parking spaces are, how much the parking permits cost, etc. You'd think that professors would have more important things on their mind...

Williams v. Boeing (9th Cir. - Feb. 27, 2008)

Posted on February 27, 2008
Sometimes you can make a boatload of money as a class action attorney. Other times you can spent over a decade in hotly contested litigation and make squat.This is an example of the latter.Life ain't all a bed of roses, my friends.

Taheri Law Group v. Evans (Cal. Ct. App. - Feb. 26, 2008)

Posted on February 26, 2008
A Los Angeles Attorney (Payman Taheri) sues another Los Angeles attorney (Neil Evans) for allegedly wrongfully soliciting one of the former's clients. At which point the latter attorney (Evans) files an anti-SLAPP motion against the former attorney (Taheri), prevails, and gets an attorney fee award...

In Re Carl N. (Cal. Ct. App. - Feb. 25, 2008)

Posted on February 25, 2008
I was principally interested in this case because it concerned a 19-year old in San Diego. Someone who, from the outset of the opinion, I gathered I wouldn't particularly like to meet alone on a dark evening. The first sentence of the opinion reads: "Carl N...

Steinhart v. County of Los Angeles (Cal. Ct. App. - Sept. 28, 2007)

Posted on February 22, 2008
Sometimes I write full blog entries but don't post them immediately, often because I feel like adding more later if I have the time. Which, sadly, I rather do. So they just sit there in "draft" form until I either eventually get to them or simply delete them...

People v. Stone (Cal. Ct. App. - Feb. 21, 2008)

Posted on February 21, 2008
What's the proper sentence for slipping some donuts in your pocket in an attempt to shoplift them?Four years, eight months in prison.From reading the facts, I'm not even 100% certain that they apprehended the right person. Regardless, Steven Stone will indeed spend a fair piece of time in the slammer...

Del Campo v. American Corrective Counseling (9th Cir. - Feb. 6, 2008)

Posted on February 21, 2008
Exactly right, Judge Berzon.

Goldman v. Simpson (Cal. Ct. App. - Feb. 20, 2008)

Posted on February 20, 2008
Yes, that Goldman. And that Simpson.But don't think that this is some sexy, media-friendly opinion. It's not. It's about personal jurisdiction over the renewal of money judgments. Which is admittedly exciting for civil procedure types like myself...

Cook v. Schriro (9th Cir. - Feb. 20, 2008)

Posted on February 20, 2008
Sometimes you can tell just by reading the facts that the defendant has been sentenced to death. And you can totally see why.Such is the case here.Given both the facts and the panel -- which included Judges Callahan and O'Scannlain -- no one's going to be surprised at the result in the Ninth Circuit...

Previous | Next

Related Law Bulletins

California's Proposed Student Civil Rights Act Gives Broad Definition to "Religion"
On Tuesday, the California Senate Judiciary Committee approved by ...

California mother held in custody breach case
I am posting this to draw attention to what should be simply routi...

California Governor Schwarzenegger Vetoes Gay Marriage Bill
Governor Arnold Schwarzenegger vetoed a gay marriage bill Friday, ...

Northern California Farmers Worry Fruit Will Rot On Trees
Yet another story about the plight of fruit and vegetable farmers ...

California divorce is often a time-consuming process
California divorce is often a time-consuming process By Ron Sokol,...