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Michael J. Raphael

See more on Michael J. Raphael

Associate Justice
California Courts of Appeal
4th Appellate District, Division 2
4th District Court of Appeal
Department/Division: 2 Days: M-F

3389 12th Street
Riverside , CA 92501
(951) 782-2500



Appointed to the California Court of Appeal by Gov. Jerry Brown in July 2018. Appointed to the Los Angeles Superior Court in 2011. Assistant U.S. Attorney for the Central District of California, 1999-2012, served as chief of appeals from 2007 to 2012; Investigative counsel for U.S. Rep. Henry Waxman, D-Los Angeles, 1997-1999; Associate, Sidley & Austin LLP, 1994-1997; Clerked for Judge Nathaniel R. Jones on the 9th U.S. Circuit court of Appeals.

Yale Law School



Judicial Profiles
Title Court Published
Committed to Getting it Right California Courts of Appeal, 4th District Nov. 30, 2020
Michael J. Raphael Los Angeles County (Mosk) Apr. 8, 2013

Columns
Title Category Published
Ambiguity Times Three Civil Procedure, California Supreme Court Jan. 9, 2025
Overruled? Court of Appeal panel overrules earlier decision, raising questions about precedent California Supreme Court, California Courts of Appeal Sep. 20, 2024
Swimming with the bees Environmental & Energy, California Supreme Court Sep. 26, 2022
Passim, and its abolition Legal Education, Law Practice, Appellate Practice Apr. 29, 2022
When you win and you don’t Criminal, Constitutional Law Feb. 22, 2022
The Finality Line Law Practice, Judges and Judiciary, Criminal Dec. 10, 2021
Justices and their citations U.S. Supreme Court May 8, 2020
The whole truth Civil Litigation, Law Practice, Judges and Judiciary, Criminal Oct. 30, 2019
Don’t you think it’s time? Law Practice, Judges and Judiciary Aug. 7, 2019
The discovery that is different Civil Litigation Jun. 25, 2018
Cellphone case may signal need for change in constitutional doctrines Constitutional Law, California Supreme Court Sep. 25, 2017
The Special Verdict Paradox: Part II Judges and Judiciary, Civil Litigation May 3, 2017
The Special Verdict Paradox: Part I Law Practice, Judges and Judiciary, Civil Litigation Apr. 28, 2017
Vagueness challenges are in vogue U.S. Supreme Court Dec. 9, 2016
How much money do you want? Civil Litigation Feb. 26, 2016
To the dictionary ... and beyond! Judges and Judiciary, Civil Litigation Aug. 21, 2015
Dueling canons U.S. Supreme Court, Criminal Jun. 3, 2015
A quietly significant decision on sex offender monitoring U.S. Supreme Court, Criminal Apr. 14, 2015
Settling a case with a penalty Law Practice, Civil Litigation Feb. 25, 2015
Officer mistake opinion raises questions U.S. Supreme Court, Constitutional Law Dec. 24, 2014
When you can rely on anonymous tips U.S. Supreme Court, Criminal, Constitutional Law Nov. 25, 2014
Justices taking a look at dog sniffs U.S. Supreme Court, Constitutional Law Oct. 14, 2014
Justices consider statutory text limits U.S. Supreme Court, Criminal, Constitutional Law Sep. 11, 2014
In the Supreme Court, plain text means context Criminal Sep. 8, 2014
High court to consider what constitutes a true threat U.S. Supreme Court Jun. 24, 2014
When cops make good faith mistakes U.S. Supreme Court, Criminal, Constitutional Law Apr. 29, 2014
Ruling may lead to more lifetime bans on gun possession U.S. Supreme Court, Criminal, Constitutional Law Apr. 11, 2014
Aiding and abetting ruling destined for case books U.S. Supreme Court, Criminal Mar. 20, 2014
Precedent allowing juror testimony to be tested at high court U.S. Supreme Court, Criminal, Constitutional Law Mar. 5, 2014

Rulings
Case Category Published
People v. Whipple
author
 Criminal Law and Procedure May 2, 2025
People v. Faustinos
author
 Criminal Law and Procedure Mar. 14, 2025
Dept. of Corrections & Rehabilitation v. Workers' Compensation Appeals Bd.
affirmed
 Workers' Compensation Feb. 20, 2025
Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.
author
 Constitutional Law Jan. 31, 2025
People v. Torres
author
 Criminal Law and Procedure Dec. 19, 2024
People v. Vicencio
author
 Criminal Law and Procedure Dec. 6, 2024
Howard Jarvis Taxpayers Assn. v. Powell
author
 Anti-SLAPP Oct. 14, 2024
Riverside Mining Limited v. Quality Aggregates
author
 Civil Procedure Aug. 20, 2024
Riversiders Against Increased Taxes v. City of Riverside
concurring
 Government Aug. 20, 2024
In re B.H.
author
 Dependency Jul. 5, 2024
People v. Boyd
author
 Criminal Law and Procedure Jun. 28, 2024
Bailey v. Murray
author
 Family Law Jun. 6, 2024
San Antonio Regional Hospital v. Superior Court (Musharbash)
author
 Health Care May 29, 2024
People v. Mares
author
 Criminal Law and Procedure Feb. 26, 2024
In re Samantha F.
author
 Dependency Feb. 23, 2024
Garcia v. Tempur-Pedic North America, LLC
author
 Remedies Jan. 9, 2024
Hatley v. Southard
author
 Family Law Aug. 17, 2023
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
author
 Workers' Compensation Aug. 14, 2023
In re J.P.
author
 Juveniles Aug. 4, 2023
People v. Lopez
dissenting
 Criminal Law and Procedure Jul. 25, 2023
People v. Fletcher
author
 Criminal Law and Procedure Jun. 30, 2023
In re C.P.
author
 Dependency May 8, 2023
In re T.A.
author
 Juveniles Apr. 12, 2023
People v. Lopez
dissenting
 Criminal Law and Procedure Feb. 24, 2023
People v. Superior Court (Fernandez)
author
 Criminal Law and Procedure Feb. 2, 2023
People v. Cress
concurring
 Criminal Law and Procedure Jan. 10, 2023
Victor Valley Union High School Dist. v. Superior Court (John Doe)
dissenting
 Civil Procedure Dec. 22, 2022
E-Commerce Lighting, Inc. v. E-Commerce Trade LLC
author
 Arbitration Dec. 12, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
author
 Torts Oct. 26, 2022
People v. Superior Court (Ortiz)
concurring
 Criminal Law and Procedure Jul. 29, 2022
Simms v. Bear Valley Community Heathcare Dist.
author
 Government Jun. 28, 2022
In re Dohner
author
 Prisoners' Rights Jun. 6, 2022
People v. Fuentes
author
 Criminal Law and Procedure May 16, 2022
Amato v. Downs
author
 Civil Procedure May 10, 2022
Greif v. Sanin
dissenting
 Real Property Jan. 28, 2022
Modification: In re Terraza
petition granted
 Criminal Law and Procedure Jan. 19, 2022
In re Terraza
petition granted
 Criminal Law and Procedure Jan. 13, 2022
People v. Jimenez
dissenting
 Criminal Law and Procedure Dec. 16, 2021
Ring v. Harmon
author
 probate_and_trusts Dec. 16, 2021
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
author
 Administrative Agencies Nov. 1, 2021
In re Benjamin M.
author
 Juveniles Oct. 26, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
author
 Arbitration Oct. 26, 2021
Forest Lawn Memorial-Park Assn. v. Superior Court (Ramirez)
author
 Evidence Oct. 8, 2021
Brown v. Montage at Mission Hills, Inc.
author
 Real Property Aug. 25, 2021
People v. Braden
author
 Criminal Law and Procedure Apr. 22, 2021
People v. Miranda
author
 Criminal Law and Procedure Mar. 22, 2021
Hernandez v. State Personnel Board
author
 statutory_interpretation Feb. 12, 2021
Favor v. Superior Court (People)
author
 Criminal Law and Procedure Jan. 15, 2021
City of Norco v. Mugar
author
 Constitutional Law Jan. 12, 2021
People v. Bravo
concurring
 Criminal Law and Procedure Dec. 28, 2020
People v. Scott
author
 Criminal Law and Procedure Dec. 24, 2020
People v. Martin
author
 statutory_interpretation Dec. 9, 2020
People v. Stockman
author
 Criminal Law and Procedure Nov. 4, 2020
Guerrero v. Hestrin
author
 Constitutional Law Oct. 22, 2020
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
author
 Remedies Sep. 14, 2020
Riverside County Transportation Comm. v. Southern California Gas Co.
dissenting
 Utilities Aug. 26, 2020
In re J.W.
author
 Dependency Aug. 13, 2020
People v. Chen
author
 Criminal Law and Procedure Jun. 22, 2020
People v. Albert
author
 Criminal Law and Procedure Jun. 18, 2020
North Murrieta Community, LLC v. City of Murrieta
author
 Contracts Jun. 10, 2020
Rubinstein v. Fakheri
affirmed
 Contracts Jun. 4, 2020
Yang v. Tenet Healthcare Inc.
author
 Anti-SLAPP May 12, 2020
Marriage of Mohler
author
 Family Law Apr. 15, 2020
McPherson v. EF Intercultural Foundation, Inc.
reversed
 Labor Law Apr. 3, 2020
In re C.P.
author
 Dependency Mar. 30, 2020
Herpel v. County of Riverside
author
 Native American Affairs Feb. 12, 2020
Grande v. Eisenhower Medical Center
concurring
 Civil Procedure Feb. 10, 2020
People v. Morales
author
 Evidence Jan. 16, 2020
RSCR Inland, Inc. v. State Dept. of Public Health
author
 Administrative Agencies Nov. 19, 2019
Estate of Holdaway
author
 Civil Procedure Oct. 9, 2019
Benton v. Benton
author
 Anti-SLAPP Aug. 29, 2019
Gates v. Blakemore
author
 Government Aug. 27, 2019
People v. Hernandez
author
 Criminal Law and Procedure Aug. 5, 2019
Primo Hospitality Group, Inc. v. Haney
reversed
 Civil Procedure Jul. 9, 2019
People v. Jones
author
 Criminal Law and Procedure Jul. 2, 2019
Jenni Rivera Enterprises v. Latin World Entertainment
affirmed in part
 Anti-SLAPP Jun. 28, 2019
People v. Polk
concurring
 Criminal Law and Procedure Jun. 18, 2019
People v. Kidd
author
 Criminal Law and Procedure Jun. 12, 2019
People v. Salcido
concurring
 Immigration May 6, 2019
Citrus El Dorado v. Chicago Title Co.
author
 Real Property Mar. 7, 2019
Korman v. Princess Cruise Lines, Ltd.
affirmed
 Civil Procedure Feb. 15, 2019
Professional Tax Appeal v. Kennedy-Wilson Holdings
affirmed in part
 Contracts Nov. 21, 2018
People v. Vera
author
 Constitutional Law Nov. 7, 2018
Yeh v. Tai
author
 statutory_interpretation Dec. 26, 2017
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
author
 Environmental Law Dec. 6, 2017

Verdicts & Settlements
Case Name Topic Role Published
Tyesia Nelson v. Wal-Mart Stores, Inc., Robert Alvarez, and Does 1 to 10 Employment Law judge Mar. 2, 2018
Senator Joseph Dunn (Ret.), Executive Director of the State Bar of California; Whistleblower Does 1 -7 v. The State Bar of California; Craig Holden, Beth Jay, and Roes 2 - 50, inclusive Torts judge Jun. 30, 2017

MCLE
Title Category Published
Ambiguity Times Three Civil Procedure Jan. 9, 2025
When you win and you don’t Criminal Law Feb. 22, 2022
The discovery that is different Discovery Jun. 25, 2018
When you can rely on anonymous tips Constitutional Law Nov. 24, 2014
Title Court Published
Committed to Getting it Right California Courts of Appeal, 4th District Nov. 30, 2020
Michael J. Raphael Los Angeles County (Mosk) Apr. 8, 2013
Title Category Published
Ambiguity Times Three Civil Procedure, California Supreme Court Jan. 9, 2025
Overruled? Court of Appeal panel overrules earlier decision, raising questions about precedent California Supreme Court, California Courts of Appeal Sep. 20, 2024
Swimming with the bees Environmental & Energy, California Supreme Court Sep. 26, 2022
Passim, and its abolition Legal Education, Law Practice, Appellate Practice Apr. 29, 2022
When you win and you don’t Criminal, Constitutional Law Feb. 22, 2022
The Finality Line Law Practice, Judges and Judiciary, Criminal Dec. 10, 2021
Justices and their citations U.S. Supreme Court May 8, 2020
The whole truth Civil Litigation, Law Practice, Judges and Judiciary, Criminal Oct. 30, 2019
Don’t you think it’s time? Law Practice, Judges and Judiciary Aug. 7, 2019
The discovery that is different Civil Litigation Jun. 25, 2018
Cellphone case may signal need for change in constitutional doctrines Constitutional Law, California Supreme Court Sep. 25, 2017
The Special Verdict Paradox: Part II Judges and Judiciary, Civil Litigation May 3, 2017
The Special Verdict Paradox: Part I Law Practice, Judges and Judiciary, Civil Litigation Apr. 28, 2017
Vagueness challenges are in vogue U.S. Supreme Court Dec. 9, 2016
How much money do you want? Civil Litigation Feb. 26, 2016
To the dictionary ... and beyond! Judges and Judiciary, Civil Litigation Aug. 21, 2015
Dueling canons U.S. Supreme Court, Criminal Jun. 3, 2015
A quietly significant decision on sex offender monitoring U.S. Supreme Court, Criminal Apr. 14, 2015
Settling a case with a penalty Law Practice, Civil Litigation Feb. 25, 2015
Officer mistake opinion raises questions U.S. Supreme Court, Constitutional Law Dec. 24, 2014
When you can rely on anonymous tips U.S. Supreme Court, Criminal, Constitutional Law Nov. 25, 2014
Justices taking a look at dog sniffs U.S. Supreme Court, Constitutional Law Oct. 14, 2014
Justices consider statutory text limits U.S. Supreme Court, Criminal, Constitutional Law Sep. 11, 2014
In the Supreme Court, plain text means context Criminal Sep. 8, 2014
High court to consider what constitutes a true threat U.S. Supreme Court Jun. 24, 2014
When cops make good faith mistakes U.S. Supreme Court, Criminal, Constitutional Law Apr. 29, 2014
Ruling may lead to more lifetime bans on gun possession U.S. Supreme Court, Criminal, Constitutional Law Apr. 11, 2014
Aiding and abetting ruling destined for case books U.S. Supreme Court, Criminal Mar. 20, 2014
Precedent allowing juror testimony to be tested at high court U.S. Supreme Court, Criminal, Constitutional Law Mar. 5, 2014
Case Category Published
People v. Whipple
author
 Criminal Law and Procedure May 2, 2025
People v. Faustinos
author
 Criminal Law and Procedure Mar. 14, 2025
Dept. of Corrections & Rehabilitation v. Workers' Compensation Appeals Bd.
affirmed
 Workers' Compensation Feb. 20, 2025
Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.
author
 Constitutional Law Jan. 31, 2025
People v. Torres
author
 Criminal Law and Procedure Dec. 19, 2024
People v. Vicencio
author
 Criminal Law and Procedure Dec. 6, 2024
Howard Jarvis Taxpayers Assn. v. Powell
author
 Anti-SLAPP Oct. 14, 2024
Riverside Mining Limited v. Quality Aggregates
author
 Civil Procedure Aug. 20, 2024
Riversiders Against Increased Taxes v. City of Riverside
concurring
 Government Aug. 20, 2024
In re B.H.
author
 Dependency Jul. 5, 2024
People v. Boyd
author
 Criminal Law and Procedure Jun. 28, 2024
Bailey v. Murray
author
 Family Law Jun. 6, 2024
San Antonio Regional Hospital v. Superior Court (Musharbash)
author
 Health Care May 29, 2024
People v. Mares
author
 Criminal Law and Procedure Feb. 26, 2024
In re Samantha F.
author
 Dependency Feb. 23, 2024
Garcia v. Tempur-Pedic North America, LLC
author
 Remedies Jan. 9, 2024
Hatley v. Southard
author
 Family Law Aug. 17, 2023
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
author
 Workers' Compensation Aug. 14, 2023
In re J.P.
author
 Juveniles Aug. 4, 2023
People v. Lopez
dissenting
 Criminal Law and Procedure Jul. 25, 2023
People v. Fletcher
author
 Criminal Law and Procedure Jun. 30, 2023
In re C.P.
author
 Dependency May 8, 2023
In re T.A.
author
 Juveniles Apr. 12, 2023
People v. Lopez
dissenting
 Criminal Law and Procedure Feb. 24, 2023
People v. Superior Court (Fernandez)
author
 Criminal Law and Procedure Feb. 2, 2023
People v. Cress
concurring
 Criminal Law and Procedure Jan. 10, 2023
Victor Valley Union High School Dist. v. Superior Court (John Doe)
dissenting
 Civil Procedure Dec. 22, 2022
E-Commerce Lighting, Inc. v. E-Commerce Trade LLC
author
 Arbitration Dec. 12, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
author
 Torts Oct. 26, 2022
People v. Superior Court (Ortiz)
concurring
 Criminal Law and Procedure Jul. 29, 2022
Simms v. Bear Valley Community Heathcare Dist.
author
 Government Jun. 28, 2022
In re Dohner
author
 Prisoners' Rights Jun. 6, 2022
People v. Fuentes
author
 Criminal Law and Procedure May 16, 2022
Amato v. Downs
author
 Civil Procedure May 10, 2022
Greif v. Sanin
dissenting
 Real Property Jan. 28, 2022
Modification: In re Terraza
petition granted
 Criminal Law and Procedure Jan. 19, 2022
In re Terraza
petition granted
 Criminal Law and Procedure Jan. 13, 2022
People v. Jimenez
dissenting
 Criminal Law and Procedure Dec. 16, 2021
Ring v. Harmon
author
 probate_and_trusts Dec. 16, 2021
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
author
 Administrative Agencies Nov. 1, 2021
In re Benjamin M.
author
 Juveniles Oct. 26, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
author
 Arbitration Oct. 26, 2021
Forest Lawn Memorial-Park Assn. v. Superior Court (Ramirez)
author
 Evidence Oct. 8, 2021
Brown v. Montage at Mission Hills, Inc.
author
 Real Property Aug. 25, 2021
People v. Braden
author
 Criminal Law and Procedure Apr. 22, 2021
People v. Miranda
author
 Criminal Law and Procedure Mar. 22, 2021
Hernandez v. State Personnel Board
author
 statutory_interpretation Feb. 12, 2021
Favor v. Superior Court (People)
author
 Criminal Law and Procedure Jan. 15, 2021
City of Norco v. Mugar
author
 Constitutional Law Jan. 12, 2021
People v. Bravo
concurring
 Criminal Law and Procedure Dec. 28, 2020
People v. Scott
author
 Criminal Law and Procedure Dec. 24, 2020
People v. Martin
author
 statutory_interpretation Dec. 9, 2020
People v. Stockman
author
 Criminal Law and Procedure Nov. 4, 2020
Guerrero v. Hestrin
author
 Constitutional Law Oct. 22, 2020
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
author
 Remedies Sep. 14, 2020
Riverside County Transportation Comm. v. Southern California Gas Co.
dissenting
 Utilities Aug. 26, 2020
In re J.W.
author
 Dependency Aug. 13, 2020
People v. Chen
author
 Criminal Law and Procedure Jun. 22, 2020
People v. Albert
author
 Criminal Law and Procedure Jun. 18, 2020
North Murrieta Community, LLC v. City of Murrieta
author
 Contracts Jun. 10, 2020
Rubinstein v. Fakheri
affirmed
 Contracts Jun. 4, 2020
Yang v. Tenet Healthcare Inc.
author
 Anti-SLAPP May 12, 2020
Marriage of Mohler
author
 Family Law Apr. 15, 2020
McPherson v. EF Intercultural Foundation, Inc.
reversed
 Labor Law Apr. 3, 2020
In re C.P.
author
 Dependency Mar. 30, 2020
Herpel v. County of Riverside
author
 Native American Affairs Feb. 12, 2020
Grande v. Eisenhower Medical Center
concurring
 Civil Procedure Feb. 10, 2020
People v. Morales
author
 Evidence Jan. 16, 2020
RSCR Inland, Inc. v. State Dept. of Public Health
author
 Administrative Agencies Nov. 19, 2019
Estate of Holdaway
author
 Civil Procedure Oct. 9, 2019
Benton v. Benton
author
 Anti-SLAPP Aug. 29, 2019
Gates v. Blakemore
author
 Government Aug. 27, 2019
People v. Hernandez
author
 Criminal Law and Procedure Aug. 5, 2019
Primo Hospitality Group, Inc. v. Haney
reversed
 Civil Procedure Jul. 9, 2019
People v. Jones
author
 Criminal Law and Procedure Jul. 2, 2019
Jenni Rivera Enterprises v. Latin World Entertainment
affirmed in part
 Anti-SLAPP Jun. 28, 2019
People v. Polk
concurring
 Criminal Law and Procedure Jun. 18, 2019
People v. Kidd
author
 Criminal Law and Procedure Jun. 12, 2019
People v. Salcido
concurring
 Immigration May 6, 2019
Citrus El Dorado v. Chicago Title Co.
author
 Real Property Mar. 7, 2019
Korman v. Princess Cruise Lines, Ltd.
affirmed
 Civil Procedure Feb. 15, 2019
Professional Tax Appeal v. Kennedy-Wilson Holdings
affirmed in part
 Contracts Nov. 21, 2018
People v. Vera
author
 Constitutional Law Nov. 7, 2018
Yeh v. Tai
author
 statutory_interpretation Dec. 26, 2017
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
author
 Environmental Law Dec. 6, 2017
Title Category Published
Ambiguity Times Three Civil Procedure Jan. 9, 2025
When you win and you don’t Criminal Law Feb. 22, 2022
The discovery that is different Discovery Jun. 25, 2018
When you can rely on anonymous tips Constitutional Law Nov. 24, 2014
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