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16 May 2007, 4:21 pm
The central issue in this appeal is whether the trial court or arbitrator is the one who should decide whether (and the extent to which) attorney's fees are contractually recoverable for prevailing on a petition to compel arbitration. [read post]
13 May 2009, 12:05 pm
This is what I said.See why? [read post]
23 May 2007, 2:52 pm
Who says the Court of Appeal doesn't -- at least occasionally -- dig deep, immerse itself in the facts, and issue detailed and very specific rulings based upon a heafty analysis of the facts? [read post]
22 May 2009, 1:43 pm
I'ts a snoozer of a Friday as we head into the Memorial Day weekend. [read post]
17 May 2010, 11:14 am
When they're trying to keep you locked up as a "mentally disordered offender," here are some things you definitely do not want the staff psychologist to say about you:"Mohapatra testified Contreras's schizophrenia manifested in his refusal to eat because he believed he was not going to be able to swallow, his thoughts that the hospital staff was going to break his penis, and his thoughts that his arms and leg were going to fall off because of his tattoos. [read post]
27 May 2014, 12:34 pm
Judge Berzon writes a good opinion. [read post]
21 May 2007, 1:57 pm
Wilfredo Cervantes wants to appeal his drug conviction. [read post]
16 May 2011, 2:15 pm
What's the right test for a Second Amendment claim? [read post]
21 May 2021, 1:41 pm
Add today's opinion to the legion of statutory interpretation cases about whether "and" means "and" or "or".For the record: For this statute, the panel says it means "and". [read post]
17 May 2021, 12:26 pm
Okay, I get it (I guess): You love the crack cocaine. [read post]
5 Jun 2007, 12:00 pm
Not much today from the Ninth Circuit or California Court of Appeal. [read post]
9 May 2025, 4:23 pm
Sometimes the introduction to the opinion (helpfully) says pretty much everything you need to know:"In this case, the litigants seeking to compel arbitration initiated this lawsuit by filing a complaint in court and, while in the judicial forum, sought two forms of preliminary injunctive relief, opposed a demurrer, propounded more than 700 discovery requests, demanded a jury trial in their case management conference statement and represented they would be litigating substantive motions, and… [read post]
26 May 2025, 9:33 am
Namir Greene gets sentenced to 10 years in prison for robbing a convenience store and a gas station during a three week period, but the Ninth Circuit finds plain error and remands for resentencing.On Mr. [read post]
5 May 2020, 3:04 pm
Doctrinally, this is simply a case that applies -- in a fairly straightforward fashion -- a prior decision from the Court of Appeal that holds that the prosecution in a murder trial has to do something (not necessarily something effective) to try to delay a critical witness from being deported before trial instead of simply using that witness' testimony at the preliminary hearing at trial. [read post]
9 May 2007, 10:34 am
Here's how Judge Wallace begins his opinion in this case: "This case presents a new issue for our court: whether debtors' pre-bankruptcy application of their right to tax refunds to post-bankruptcy tax obligations constitutes an asset that must be turned over to the bankruptcy trustee pursuant to the Bankruptcy Code, 11 U.S.C. [read post]
5 Jun 2007, 1:50 pm
Zzzzzzz. [read post]
8 May 2012, 11:23 am
I get what Justice McConnell is saying here. [read post]
20 May 2015, 3:19 pm
Defendant says that the trial court erred by imposing a no-contact order with the victim for five years. [read post]
25 May 2007, 7:33 am
Fifteen informed, incredibly well-educated judges, each of whom reads -- and the majority of whom sign onto -- the majority en banc opinion. [read post]
27 May 2008, 10:53 am
Sometimes they make it easy for you. [read post]
