This is a really smart and well-written opinion by Judge McKeown.
It’s a high-profile case, so I won’t say much about the merits; you can read about it elsewhere. Basically it affirms a district court injunction that stops the federal
California Appellate Report
The California Appellate Report, published by Professor Shaun Martin, covers appellate court decisions in California with a focus on diverse legal issues including family law disputes such as custody and divorce-related property rights, state and federal contempt proceedings, criminal law interpretations particularly involving firearms regulations, neighbor and property litigation, and tax law challenges related to local government financing programs like PACE. The blog analyzes court opinions, contrasting judicial approaches and reasoning, and discusses procedural and substantive legal principles as applied by California appellate courts and occasionally federal courts within the Ninth Circuit.
Latest from California Appellate Report - Page 4
U.S. v. Aguilera (9th Cir. – Aug. 24, 2026)
By Shaun Martin
According to this opinion, when a 27-year veteran judge in the Northern District of California, a graduate of Harvard Law School, was told that the federal sentences guidelines allow a defendant to go to trial and yet still…
Town of Apple Valley v. Apple Valley Ranchos Water (Cal. Supreme Ct. – Aug. 24, 2026)
By Shaun Martin
I will take issue neither with the holding of this California Supreme Court opinion nor with its rationale. It’s unanimous, after all. Far be it from me to register any dissent.I will instead limit myself to merely a parenthetical note…
1 Community Compact v. City of Fresno (Cal. Ct. App. – Aug. 21, 2026)
By Shaun Martin
Can you figure out from the very first paragraph the twists and turns that likely — and in fact — occurred in this case?Here’s the opening paragraph:”Emphasizing the “profound impact” of Mexican-American labor leader and civil
rights activist…
Int’l Longshore & Warehouse Union v. NLRB (9th Cir. – Aug. 20, 2026)
By Shaun Martin
I’m not a Ninth Circuit judge, so I don’t know the answer to this question. But I wonder how it feels when you write an opinion — in this case, one by Judge Hawkins, in 2020 — with a particular…
People v. Lightsay (Cal. Supreme Ct. – Aug. 17, 2026)
By Shaun Martin
The California Supreme Court issued two death penalty opinions today. In one of those cases, it unanimously affirmed the re-imposition of a death sentence after a prior reversal. The underlying facts of that murder, which occurred in 1998, are so graphically…
U.S. v. Jackson (9th Cir. – Aug. 17, 2026)
By Shaun Martin
Sometimes it’s sufficient to state the facts; the ultimate result is obvious.This is one of those cases.“These cases present the question whether the Attorney
General can make someone an Acting United States
Attorney—bypassing the usual requirement that a…
People v. Shove (Cal. Supreme Court – Aug. 13, 2026)
By Shaun Martin
I won’t opine about the 5-2 dispute between the majority and the dissent about whether there was a Batson error here. You can read the entire 139-page thing on that point if you would like.I will only say that this…
Turrey v. Vervent (9th Cir. – Aug. 12, 2026)
By Shaun Martin
This is an opinion about accrual dates for RICO violations, but what’s somewhat (very marginally) strange about it is that it seems like Judge Mendoza is deliberately writing the opinion to be extremely accessible to the general public.Check it…
Simerley v. Golden Gate Bridge & Highway Trans. Dist. (Cal. Ct. App. – August 11, 2026)
By Shaun Martin
Maritime law. You know it. You love it. That’s what today’s Court of Appeal opinion is all about.Loss of consortium claims aren’t available under the Jones Act. So the wife of an injured seaman — he worked on a…