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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

County of Los Angeles v. Hill (Cal. Ct. App. - Feb. 10, 2011)

Posted on February 11, 2011
It doesn't matter that a permit costs $11,500, that Los Angeles has never (ever) approved a permit, that the permitted zones are only in inaccessible places, and a plethora of other facts don't prove that Los Angeles County's permitting regulations for medical marijuana clinics are preempted by the Compassionate Use Act...

In Re Alexander A. (Cal. Ct. App. - Feb. 10, 2011)

Posted on February 10, 2011
A juvenile vandalized a 1992 Honda Accord LX. At the time of the restitution hearing, there's that exact model for sale on Craigslist for $1,795. And that's the asking price. For the whole entire car.The average nondealer purchase price for that vehicle in good condition is $2,605...

UPS Supply Chain v. Quantas Airlines (9th Cir. - Feb. 10, 2011)

Posted on February 10, 2011
You see the caption, and then you see that there are not one, not two, but four different amicus briefs. From places as diverse as Washington DC, Los Angeles, Seattle, and Buenos Aires, Argentina.Must be a pretty cirtical and interesting case, eh?Then you read the first paragraph of the opinion...

In Re Joshua S. (Cal. Ct. App. - Feb. 8, 2011)

Posted on February 09, 2011
I just got back from San Francisco last night. During my (limited) free time there, I occasionally found myself wondering: "Where's the best place in this town to get some seafood?" To answer that query, there are a number of different sources; Zagats, Yelp, etc...

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In Re Brandon T. (Cal. Ct. App. - Jan. 24, 2011)

Posted on February 09, 2011
In California, it seems like everything is a "deadly weapon" (as in, "assualt with a deadly weapon"). A dirk. A stick. A pencil. Virtually anything. I wouldn't be surprised if the Court of Appeal held that my textbook in civil procedure was a deadly weapon...

U.S. v. Lichtenberg (9th Cir. - Jan. 27, 2011)

Posted on February 07, 2011
An elderly client from Louisiana hires Andrew Lichtenberg, an attorney in Hawaii, to sell her interest in a piece of property on Kauai. The client gives Lichtenberg $1800 and explicit instructions about what to do with the proceeds -- he trys to get her express power of attorney, but she's had a bad experience in this regard, and refuses to give it...

R.P. v. Prescott USD (9th Cir. - Feb. 4, 2011)

Posted on February 04, 2011
Whew.It's an IDEA case involving a young autistic child, and his parent sue, claiming the school system isn't doing him right. Chief Judge Kozinski's opinion starts out by noting that the parents not only lost, but had a $140,000 fee award imposed against them...

U.S. v. Smith (9th Cir. - Feb. 3, 2011)

Posted on February 03, 2011
Reasoning from first principles, I'd have thought that when a police officer sees you, activates his siren, pulls his car to the curb, and demands that you stop walking and come to the front of his police cruiser, that constitutes a "seizure" under the Fourth Amendment...

In Re Brittany C. (Cal. Ct. App. - Jan. 20, 2011)

Posted on February 01, 2011
I don't know how someone can do family law cases their entire career. At least if they're all like this one.Or, more accurately, I couldn't do it. And accordingly have a great deal of respect for people who do so and do it well.It's a nightmare...

In Re Loveless (Cal. Ct. App. - Jan. 31, 2011)

Posted on January 31, 2011
Half good. Half bad.Good part first. Michael J. Loveless decides to rob a house in 1986 because he thinks there's a ton of money in it. He and a confederate go in, tie up the father and his 14-year old son, and put a gun to the father's head...

United Fabrics v. C & J Wear (9th Cir. - Jan. 26, 2011)

Posted on January 28, 2011
Sometimes oral arguments matter.United Fabrics has a copyright on a particular fabric design, and sues C & J Wear (as well as Macy's) for infringing this design. United Fabrics got this design from an Italian design house though an agent, and registered the copyright in the United States...

In Re Espinoza (Cal. Ct. App. - Jan. 27, 2011)

Posted on January 27, 2011
I agree with this disposition. The regulations say that you can't have conjugal visits with your wife if you've previously been found guilty of distributing drugs while in prison. Makes sense. That's true even if you slung your dope during one of your prior stints -- as opposed to your current one -- in the pen...

Kwikset Corp v. Superior Ct. (Cal. Supreme Ct. - Jan. 27, 2011)

Posted on January 27, 2011
I won't say much about this case. It's a (relatively) high-profile UCL standing case from the California Supreme Court, so will get a decent amount of press elsewhere. No need for me to pile on.But I did want to say two quick things. First, this is a really wonderful opinion by Justice Werdegar...

U.S. v. Potter (9th Cir. - Jan. 26, 2011)

Posted on January 26, 2011
In a shocking -- shocking -- development, the Ninth Circuit this morning held that the possession of a firearm in furtherance of drug trafficking is not protected by the Second Amendment.Yet another example of the wacky, uber-left Ninth Circuit going out of its way to undermine the core constitutional rights of American citizens...

People v. Morrison (Cal. Ct. App. - Jan 25, 2011)

Posted on January 25, 2011
I'm liking the trial court -- Judge Jed Beebe, up in Santa Barbara -- in this one.William Morrison is on probation and gets caught by his probation officer for putting fake pee in a cup. Section 135 of the Penal Code makes it a misdemeanor to wilfully destroy evidence...

U.S. v. Gonzalez-Diaz (9th Cir. - Jan. 24, 2011)

Posted on January 24, 2011
Everyone agrees that it's illegal to "enter" the United States illegally after being deported. But assume a defendant isn't charged with that, but is instead, charged with being "found" in the United States after being deported. With respect to that offense, everyone agrees that to be "found" in the United States illegally, you've got to be actually found there...

Harris v. Maricopa County Superior Ct. (9th Cir. - Jan. 20, 2011)

Posted on January 21, 2011
Judge Reinhardt writes an opinion. Judge Bybee concurs in part but dissents in part. Not surprising.But Judge Bybee wants to make sure you know a little bit more. Even if you only read one line of the 50 single-spaced pages.So rather than "Judge Bybee, concurring in part and dissenting in part," he makes sure the opening description reads:"Bybee, Circuit Judge, concurring in the judgment in part, but mostly dissenting:""Mostly dissenting...

People v. Armas (Cal. Ct. App. - Jan. 18, 2011)

Posted on January 20, 2011
This just seems out of whack to me.I'm not complaining about the Court of Appeal's resolution of the case. That seems just fine. But to me, the underlying facts demonstrate just how out of whack we've made the sex registration regime.Jose Armas pleads nolo contendre to a count of lewd conduct with a person under 14...

City of Arcadia v. State Water Resources Control Bd. (Cal. Ct. App. - Jan. 20, 2011)

Posted on January 20, 2011
Good catch by the Court of Appeal. Its initial opinion, read: "The record reflects Regional Board's basin plan also took into considered 'potential' beneficial uses of water in setting water quality objectives." Should be "consideration...

People v. Booker (Cal. Supreme Ct. - Jan. 20, 2011)

Posted on January 20, 2011
Think you understand people? Then tell me why Richard Booker committed these murders.It sounded like just an ordinary night out with friends. That turns into an inexplicable triple murder.I don't get it. I really don't.Needless to say, Booker is sentenced to death, and the California Supreme Court unanimously affirms...

Liberal v. Estrada (9th Cir. - Jan. 19, 2011)

Posted on January 19, 2011
A police officer sees a young African-American male driving a car in Menlo Park at 1:40 a.m., and the passengers in this car are a young African-American male and young Mexican-American male. The car is obeying all traffic rules, but allegedly has an illegally tinted window...

Pannu v. Land Rover North America (Cal. Ct. App. - Jan. 19, 2011)

Posted on January 19, 2011
You're a large corporation. You lose a big personal injury trial. Like $21.5+ million big. You want to take a shot with the California Court of Appeal. What do you do?You could have your trial counsel do it. They know the case pretty well, after all...

Hypertouch, Inc. v. ValueClink, Inc. (Cal. Ct. App. - Jan. 18, 2011)

Posted on January 18, 2011
Who to root for? Entities who spam deceptive e-mail messages ("Free Gift If You Click Here!") and those that employ them, or someone suing them? So close. Especially when the former says that California's statutes are powerless to stop such misconduct because they're preempted...

People v. Dixon (Cal. Ct. App. - Jan. 14, 2011)

Posted on January 17, 2011
Here's a criminal law question for you. Imagine it's a final examination. Or on the bar exam:"John sends a text message to Jane offering to give her $200 in return for sex. (The text reads: 'U with me, 1 night, $200 or more.' Romantic, eh?) Jane has not previously engaged in sexual activity for money, and is uninterested in doing so now...

Wilderness Society v. USFS (9th Cir. - Jan. 14, 2011)

Posted on January 14, 2011
Who says that 11 federal judges can't all get along?Unanimous. Short. Concise.Were that everything was this easy.

In Re Marriage of Faso (Cal. Ct. App. - Jan. 11, 2011)

Posted on January 14, 2011
Would-Be Husband is a couple of decades older than Would-Be Wife. They decide to get married. Husband is worth over $30 million, and everyone wants a prenup. Both parties get counsel.The parties and their counsel heavily negotiate the thing...

Holmes v. Petrovich Development Co. (Cal. Ct. App. - Jan. 13, 2011)

Posted on January 13, 2011
I'm in a darn good mood. It's completely sunny. Seventy wonderful degrees. I started my short drive to work overlooking the beautiful ocean, saw snow-capped mountains in the distance, drove down a beautiful palm-lined street, and hit all green lights on the way to work: drive so fast that only a single song -- a guitar-riffing "Strangehold" -- had time to play on the radio...

People v. Avila (Cal. Ct. App. - Jan. 6, 2011)

Posted on January 13, 2011
I always like it when the Court of Appeal gives good advice. Particularly when it does so in the first paragraph of the opinion. Always good for any readers who might be in a rush.So, for example, Justice Yegan begins this opinion with the following introduction: "A criminal defendant has a hard enough time defending the underlyign charge...

In Re Marriage of Fernandez-Abin & Sanchez (Cal. Ct. App. - Jan. 11, 2011)

Posted on January 12, 2011
Custody cases sometimes get ugly. Real ugly. But rarely do they include something like this. Which occurred after a court order, no less:"In mid-June 2008, husband, accompanied by about 10 armed men carrying assault weapons, went to wife's parents' house [], took the children and never returned them home...

Grewal v. Jammu (Cal. Ct. App. - Jan. 11, 2011)

Posted on January 12, 2011
When the Court of Appeal (or California Supreme Court) bothers to make some comments to the Legislature in a published opinion, I generally hope that people are listening. Because it takes a bit for the judiciary to reach out to another branch, and when it does so, it's usually regarding an area that the judiciary has a great deal of both experience and expertise...

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