Headnotes: San Diego’s beach yoga ban struck down on free speech grounds, and some fees & sanctions cases

Tim Kowal June 20, 2025

Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention:

Teaching yoga is just like teaching Shakespeare, for First Amendment purposes. 9th Circuit strikes down San Diego’s beach yoga class ban. Hubbard v. City of San Diego (9th Cir., June 4, 2025, No. 24-4613)

Not enough time for the CCP 128.5 21-day date harbor? Nothing prevents asking for a continuance of the underlying motion. JUNKERS2JEWELS, LLC, et al., v. LA-DORIS MCCLANEY, (Cal. Ct. App., May 28, 2025, No. B339900) (non-pub. opn.)

Yet another fee order reversed because trial court needs to give more reasoning to justify the “haircut.” (Tip: Help the court by proposing bullet-point key reasons in your brief conclusion or a proposed order.) Perry v. Stuart (Cal. Ct. App., May 27, 2025, No. H051093)

Judgment enforcement fees reminder: appellate fees in defending underlying judgment are not collectible under the Enforcement of Judgments Act, because they are not for “enforcement.” EDWARD H. BONIN, v. LINCOLN CHAYES et al., (D2d2, May 29, 2025, No. B340106) (non-pub. opn.)

(Artwork by Randall Holbrook, RNDL.DESIGN.)

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at Tim@KowalLawGroup.com or (949) 676-9989.

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Headnotes: San Diego’s beach yoga ban struck down on free speech grounds, and some fees & sanctions cases

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"God made the angels to show Him splendor, … Man He made to serve Him wittily, in the tangle of his mind." — Sir Thomas More in Robert Bolt's A Man for All Seasons

"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else." — Hon. Sir Owen Dixon, Chief Justice of Australia

"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws." — Plato (427-347 B.C.)

"Moot points have to be settled somehow, once they get thrust upon us. If an assertion cannot be proved, then it must be settled some other way, and nearly all of these ways are unfair to somebody." —T.H. White, The Once and Future King

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor." — Rubin v. Green (1993) 4 Cal.4th 1187

Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly. — Leviticus

"A judge is a law student who grades his own papers." — H.L. Mencken

"Upon putting laws into writing, they became even harder to change than before, and a hundred legal fictions rose to reconcile them with reality." — Will Durant