Friday, October 24, 2014

9th Circuit e-filing upgrade requires you to act

Implementation of NextGen CM/ECF - ACTION REQUIRED

On Monday, October 27, 2014, the U.S. Court of Appeals for the Ninth Circuit will go live with the Next Generation of CM/ECF (NextGen CM/ECF), the latest iteration of the national case management and electronic case files system.
Each person with a 9th Circuit Appellate ECF account must have an individual, upgraded PACER account. Click here to take care of this ASAP.

Vote to Retain 2d District Justices

The Los Angeles County Bar Association urges the electorate to vote to retain the eleven 2d District Justices in the November 4 election. That's probably not news to this blawg's readers, but please share this information with all your non-appellate friends (you do have some, don't you?)!
See the main Judicial Elections page and the Judicial Ratings page of LACBA's website.

Funny Stuff

At SCAN, we realize our readers expect only a serious tone in addresses appellate items. For that reason, we've held off (until now) linking to the Justices-as-dogs bit that's been all over the internet (and on blawgs like How Appealing, ABA Journal, etc.). But every now and then a little humor is allowed, even if SCOTUS is the target. So if you STILL haven't seen the clip of SCOTUS Justices as dogs, now is the time. For the adorable Supreme Canines of the The United States, click here. With well over two million hits on YouTube already, it's time for the SoCal appellate community to get a laugh too.

Rex and Whiskers Attorneys

Also circulating the internet, which some may find "funny" in a different sense, is a report about mid-career earnings, which shows that grads of SoCal Law Schools at UCLA and Pepperdine earn more than Harvard Business School or Wharton. Click here.
You Gotta Be Kitten Me
Sorry! Sticking w/the pets theme...

Tuesday, October 21, 2014

Forfeiture v. Sound Analysis

Here's footnote 5 of an opinion published here, issued after a rehearing petition in an anti-SLAPP appeal:
This issue of first impression was first raised in defendants’ petition for rehearing. Ordinarily we might treat it as forfeited, but having certified our opinion for publication we could hardly refuse to address a point that, if sound, would undermine our entire analysis.

Pi Be Rational
Waiver: Not gonna go there.
Logic: We gotta go there.

Monday, October 20, 2014

Appellate Panel Must Have 3 Judges

Today's MetNews reports on Johnson v. Appellate Division in Court of Appeal Rejects Use of Two-Judge Appellate Panel in Superior Court. Code of Civil Procedure 77(b) provides that in each superior court appellate division, "no more than three judges shall participate in a hearing or decision [and] [t]he presiding judge of the division shall designate the three judges who shall participate." The Santa Cruz Superior Court had had a policy of allowing cases to be decided with the concurrence of two judges. The 6th District (with "articulate and cogent" amicus support from CAAL) held that there must be three.

The Court of Appeal confirms that when the CCP says that you have to have "three judges" on the panels that hears appeals, it really means "three." Not two. Three. Even if two judges are enough to issue a judgment.

Tuesday, October 14, 2014

2d DCA pro tem update

Assigned Judges

The following are currently sitting on assignment:
  • Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until November 30, 2014
  • Judge Lee Edmon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until December 31, 2014
  • Judge Luis A. Lavin of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three beginning October 20, 2014 until December 31, 2014
  • Judge Russell S. Kussman of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until October 31, 2014
  • Judge Allan J. Goodman of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until November 30, 2014
  • Judge Earle Jeffrey Burke of the San Luis Obispo Superior Court, will be sitting Pro-Tem in Division Six until November 30, 2014
  • Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until November 30, 2014
  • Judge Lavin interviewed here.
    Today's MetNews reports that LASC Judge Russell Kussman is under consideration for the court of appeal. "The MetNews has previously reported that Ventura Superior Court Judge Tari Cody; Los Angeles Superior Court Judges Richard Rico, John Segal, Luis Lavin, Helen Bendix, and Sanjay Kumar; and Southwestern Law School professor Christopher Cameron are also under consideration for appointment. The court currently has vacancies in Divs. Three, Five, Six, and Seven."
    Yesterday's DJ (pg. 4) had a photo and headline: Los Angeles High School Posthumously Honors Former Appellate Judge, noting that Loyola High School awarded alum Paul Boland its Cahalan Award for his distinguished serve in the community. Very nice.

Monday, October 13, 2014

LACBA ACS + ABA CAL happy hour this Thursday @ 6 p.m.

The LA County Bar Appellate Courts Section and the ABA's Council of Appellate Lawyers will join forces to conquer the happy hour on the outside patio at Via Alloro Restaurant in Beverly Hills this Thursday at 6:00ish. All appellate lawyers -- and those who choose to publicly socialize with appellate lawyers -- are welcome! RSVP to Ann Qushair at

Technically, The Glass Is Always Full Never Drink and Derive

FYI for docket watchers: Today, Columbus Day, is a court holiday (state & federal).

Wednesday, October 8, 2014

Lolly, Lolly, Lolly, get your Adverbs here!

Today's Wall Street Journal has a legal writing article, which quotes many notables, including our own Chief of the 9th:

Lawyers, Judges Modify the View That Adverbs Are Mostly Bad:The Maligned Part of Speech Has Friends in High Court; Don’t Tell Stephen King.

“When you’re drafting an opinion, it’s just so tempting to use an adverb, so satisfying. It says exactly what you mean,” Alex Kozinski, chief judge of the Ninth U.S. Circuit Court of Appeals, said. “I don’t think any of us can follow the rule as religiously as Hemingway did. I wish I could.”

FREE "Oral Advocacy in the Ninth Circuit" FBASD program 10/15

"The differences Between Oral Advocacy in the District Court and the Ninth Circuit: A Brown Bag Luncheon" with The Honorable M. Margaret McKeown and The Honorable John B. Owens, United States Court of Appeals for the Ninth Circuit, presented by the San Diego Chapter of the FBA, the ABTL, and the State Bar Litigation Section on October 15, noon to 1:15, in Courtroom 15B (333 W. Broadway, San Diego). Cost = Free!
Allow Myself To Introduce...Myself
How not to begin oral argument anywhere...
But space is limited, so rsvp now at

Monday, October 6, 2014

The Future is Here: 2d DCA e-receipt = filing!

The 2d District reports the following:
Effective 10/6/2014, a brief received by the Second District electronically is deemed the original and “filed” the date the electronic brief  is received. Three paper copies are still required to follow.

Our e-filing/e-submission page has already changed for this:

Questions & Answers:

a)     Does the new rule apply to writ petitions? 
No.  Original proceedings remain subject to the prior e-submission rules.

b)     Does this mean a brief is deemed timely filed if efiled any time before midnight (as opposed to before closing hour in the clerk’s office)?

c)      Does the fed ex rule still apply if one does NOT efile?

d)     Should the three “copies” include the original brief, with the original signature?

Briefs don’t require signatures at all, so there’s no need to send an “original” brief in paper form.  If you do include a signature, it’s ok to send the original as one of the three copies, but not essential.

OCBA SCOTUS seminar & Sills Award on 10/20

On October 20 the OCBA Appellate Law Section presents its U.S. Supreme Court preview (aka the Chemerinsky & Eastman show) and honors Marj Fuller with the David G. Sills Award.

Flyer here.

Today's DJ features APJ Gilbert's column, Pardon the Interruption, in which he observes that "bar events" are "all the same" -- "Lawyers and judges schmooz[ing]"... Rest assured, the OCBA ALS event, noted above, like the children of Lake Wobegon, will be much, much better than average.