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The Latest Breaking News from California Court of Appeal

Judge Orders Divorcing Husband to Surrender Gun, Even Without Domestic Violence Restraining Order

Fortunately, the California Court of Appeal just reversed that decision.

Reason

Principal's Libel Lawsuit Over Claims He Was Fired for Sexual Harassment Can Go Forward

From last week's California Court of Appeal decision in Cusi v. Gibson, written by Alameda Superior Court Judge Michael Markman, joined by Justices Therese Stewart and Marla Miller: Alison Gibson's appeal from the denial of her anti-SLAPP motion concerns the consequences of her demonstrably false online speech. Ramon Cusi sued…

Reason

California Court of Appeal Publishes Decision on Lawyer v. Lawyer Harassment Restraining Order and the First Amendment

I blogged two weeks ago about Hansen v. Volkov, a then-nonprecedential decision on the subject (I quote that post below). Last Friday, Prof. Aaron Caplan (Loyola) and I—who have both written about First Amendment limits on harassment restraining orders—filed a letter asking the California Court of Appeal to "publish" the…

Reason

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Court Erred in Dismissing Challenge to L.A. City Employee COVID Vaccine Mandate

So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.

Reason

"Tips for Superior Court Motion Practice"

A possibly helpful list, from California Court of Appeal Justice John Shepard Wiley Jr., who served many years on the L.A. Superior Court, and who before that was my colleague at UCLA School of Law. Keep in mind that some of these have to do with the practices of the…

Reason

Once Upon a Time in the California Court of Appeal

Quentin Tarantino's Once Upon a Time in Hollywood doesn't infringe 1960s actor Christopher Jones' right of publicity.

Reason

Libel Lawsuit Against Case Law Repository for Its Not Noting That a Case Had Settled

Leagle.com publicly distributes a wide range of court opinions, precedential and nonprecedential, from all over the country. Unlike Westlaw, Lexis, and Google Scholar, it is Google-searchable, so when a party's name is Googled, any opinion mentioning the party is likely to come up. [1.] John D. Thomas had been involved…

Reason

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No Pseudonymization of Criminal Defendants in Court Opinions in California

In People v. Gregor, decided on Aug. 12 by the California Court of Appeal (Justice Elena Duarte joined by Justices Jonathan Renner and Peter Krause), the defendant, a naturalized citizen, "pleaded guilty to a felony sex offense that was later reduced to a misdemeanor and dismissed after early termination of…

Reason

Trespass Claim Stemming from Activists' Blocking Horse Race Track Not Covered by California Anti-SLAPP Law

From Golden Gate Land Holdings LLC v. Direct Action Everywhere, decided today (correctly, I think) by the California Court of Appeal (Presiding Justice Jim Humes, joined by Justice Sandra Margulies and S.F. Superior Court Judge Mary Wiss): Golden Gate, which operates a horse racing track in Berkeley, filed this suit…

Reason

Sheriff Isn't County Employee, so County May Release Report Investigating Him

From Essick v. County of Sonoma, decided last Wednesday by the California Court of Appeal (Justice Jon Streeter, joined by Presiding Justice Stuart Pollak and Superior Court Judge Tara Desautels): Following the submission to the County of Sonoma … of a harassment complaint against Mark Essick, the elected sheriff of…

Reason

First Person Isn't Third Person: Threatening Suicide Isn't Felony Witness Tampering in California

In People v. Johnson, decided by the California Court of Appeal two weeks ago, in an opinion by Justice Ioana Petrou, joined by Presiding Justice Alison Tucher and Justice Victor Rodriguez, a defendant was convicted of felony witness tampering "based on a statement Johnson made to his family that if…

Reason

California Court Rejects Lebanese Bigamous Marriage

From In re Marriage of Elali & Marchoud, decided yesterday by the California Court of Appeal (written by Justice Carol Codrington and joined by Presiding Justice Manuel Ramirez and Justice Douglas Miller): While Mr. Samir Elali was married to Ms. Angeles Elali and resided with her in California, Samir married…

Reason

Trial Court Focused Too Much on Racial Slurs by Defendant Towards Police Officers

So holds the California Court of Appeal, in sending back to a different judge defendant's motion to retroactively downgrade her conviction (for non-slur resistance to the officers) to a misdemeanor.

Reason

Can't Apologize and Then Sue Someone for Libel When They Rely on Your Apology

From Burghardt v. Yvon, decided today by the California Court of Appeal, in an opinion by Justice William Dato, joined by Justices Cynthia Aaron and Truc Do: Brigitte Yvon's dog, Davie, was severely burned during or soon after undergoing routine surgery. Yvon settled the potential veterinary malpractice claim against Dr.…

Reason

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Scientology Arbitration and the First Amendment: Some Questions About Bixler v. Superior Court

Last week, the California Court of Appeal (Bixler v. Superior Court) refused to apply a broad Scientology arbitration agreement to a lawsuit brought by ex-members who claimed they were mistreated in various ways after they left the Church: Individuals have a First Amendment right to leave a religion. We hold…

Reason

No Arbitration of Claims Against Scientology After Plaintiffs Had Left the Church

From Bixler v. Superior Court, decided Wednesday by the California Court of Appeal (Justices Laurence Rubin, Carl Moor, and Lamar Baker): Petitioners … are former members of the Church of Scientology who reported to the police that another Church member [Daniel Masterson] had raped them. They allege that, in retaliation…

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