CJA hearings to include 5th DCA nominees

On July 26 starting at 1 p.m. in the Supreme Court Courtroom, 350 McAllister Street in San Francisco:

1-1:30	Justice Peter Siggins, as Presiding Justice of the Court of Appeal, First Appellate District, Division Three (San Francisco) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Senior Presiding Justice J. Anthony Kline
1:45-2:15	Judge Allison Danner, as Associate Justice of the Court of Appeal, Sixth Appellate District (San Jose) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Administrative Presiding Justice Mary J. Greenwood
2:30-3:00	Judge Thomas DeSantos, as Associate Justice of the Court of Appeal, Fifth Appellate District (Fresno) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Administrative Presiding Justice Brad R. Hill
3:15-3:45	Judge Mark W. Snauffer, as Associate Justice of the Court of Appeal, Fifth Appellate District (Fresno) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Administrative Presiding Justice Brad R. Hill

Ambassador/Justice Moreno gets Trailblazer Award

At the 2018 LACBA Installation & Awards Reception on Wednesday, Ambassador/Justice Carlos Moreno received the Trailblazer of the Bar Award. And, as depicted in today's DJ, 2/3's PJ Lee Edmon, a past LACBA President, swore in the new president and officers. With 800+ lawyers in the room, the SoCal appellate bar was well-represented. Hope you made it there!

The Justices' Statements: Kennedy 'Earned a Rousing Bravo,' RBG Says

Here are the statements from the justices of the Supreme Court—released by the court’s press office—about the retirement of Anthony Kennedy.

And see 'The Constitution Doesn't Belong to a Bunch of Judges and Lawyers': Quotable Kennedy

The Recorder reports that "Brown has filled 123 trial court vacancies and nominated 11 appellate justices over the last seven months."

Governor Brown Appoints 10
Superior Court Judges

SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of 10 California superior court judges, which include: One in Calaveras County; 4 in Los Angeles County; one in Orange County; one in San Francisco County; one in Santa Barbara County; one in Santa Clara County; and one in Sonoma County.

Los Angeles County Superior Court
Robert G. Chu, 38, of Valencia, has been appointed to a judgeship in the Los Angeles County Superior Court. Chu has served as a deputy public defender at the Los Angeles County Public Defender’s Office since 2006, where he has held several positions, including a supervising deputy public defender. He was an associate at Masry and Vititoe in 2006. Chu earned a Juris Doctor degree from the Southwestern Law School and a Bachelor of Arts degree from the University of California, Los Angeles. He fills the vacancy created by the conversion of a court commissioner position on March 1, 2018. Chu is a Democrat.
  
Maria Puente-Porras, 49, of Cypress, has been appointed to a judgeship in the Los Angeles County Superior Court. Puente-Porras has served as a commissioner at the Los Angeles County Superior Court since 2015. She was a sole practitioner from 1998 to 2015 and of counsel at the Law Offices of James M. Hodges from 1999 to 2005. Puente-Porras earned a Juris Doctor degree from the Western State College of Law. She fills the vacancy created by the retirement of Judge William P. Barry. Puente-Porras is a Democrat.  

Gary D. Roberts, 59, of Los Angeles, has been appointed to a judgeship in the Los Angeles County Superior Court. Roberts held several positions at Fox Entertainment Group from 1993 to 2017, including executive vice president of Fox Group Legal and senior vice president and vice president of employment. Roberts was an associate at Munger, Tolles and Olson LLP from 1985 to 1993 and served as a law clerk for the Honorable Reynaldo G. Garza at the U.S. Court of Appeals, Fifth Circuit from 1984 to 1985. He earned a Juris Doctor degree from the University of Texas School of Law and a Bachelor of Arts degree from Texas Christian University. He fills the vacancy created by the retirement of Judge Michael M. Johnson. Roberts is a Democrat.

  
Emily S. Garcia Uhrig, 53, of Oakland, has been appointed to a judgeship in the Los Angeles County Superior Court. Garcia Uhrig has been a professor at the University of the Pacific, McGeorge School of Law since 2006. She served as a staff attorney at the U.S. Court of Appeals, Ninth Circuit from 2001 to 2006 and as a deputy federal public defender at the Office of the Federal Public Defender, Central District of California from 1997 to 2001. Garcia Uhrig served as an attorney-advisor at the U.S. Justice Department Office of Legal Counsel from 1995 to 1996 and was an associate at Hogan and Hartson from 1993 to 1995 and from 1991 to 1992. She served as a law clerk for the Honorable Harry Pregerson at the U.S. Court of Appeals, Ninth Circuit from 1992 to 1993. Garcia Uhrig earned a Juris Doctor degree from Stanford Law School and a Bachelor of Arts degree from University of Pennsylvania. She fills the vacancy created by the retirement of Judge C. Edward Simpson. Garcia Uhrig is a Democrat.

Orange County Superior Court
Nhan T. Vu, 47, of Fullerton, has been appointed to a judgeship in the Orange County Superior Court. Vu has served as a deputy attorney general at the California Department of Justice, Office of the Attorney General since 2014. He was a partner at Willenken, Wilson, Loh and Delgado LLP from 2006 to 2014 and an associate professor at the Chapman University School of Law from 2004 to 2006, where he was an assistant professor from 2001 to 2004. Vu was an associate at Gibson, Dunn and Crutcher from 1999 to 2001, at Russin and Vecchi from 1997 to 1999 and at Latham and Watkins from 1996 to 1997. He was a law clerk for the Honorable Alex Kozinski at the U.S. Court of Appeals, Ninth Circuit from 1995 to 1996. Vu earned a Juris Doctor degree from Yale Law School and a Bachelor of Arts degree from Harvard University. He fills the vacancy created by the elevation of Judge Thomas M. Goethals to the Court of Appeal. Vu is a Democrat.

San Francisco County Superior Court
Rita F. Lin, 40, of San Francisco, has been appointed to a judgeship in the San Francisco County Superior Court. Lin has served as an Assistant U.S. Attorney at the U.S. Attorney’s Office, Northern District of California since 2014. She was a partner at Morrison and Foerster LLP from 2012 to 2014, where she was an associate from 2004 to 2012. Lin served as a judicial clerk for the Honorable Sandra Lynch at the U.S. Court of Appeals, First Circuit from 2003 to 2004. She earned a Juris Doctor degree from Harvard Law School and a Bachelor of Arts degree from Harvard College. She fills the vacancy created by the retirement of Judge Ksenia Tsenin. Lin is a Democrat.

Santa Barbara County Superior Court
Von T. Nguyen Deroian, 43, of Santa Barbara, has been appointed to a judgeship in the Santa Barbara County Superior Court. Nguyen Deroian has served as a commissioner at the Santa Barbara County Superior Court since 2017 and has been an adjunct professor at the Santa Barbara College of Law since 2013. She served as a deputy district attorney at the Santa Barbara County District Attorney’s Office from 2006 to 2017. Nguyen Deroian was an associate at Hardin and Coffin LLP in 2006, where she was a paralegal from 2003 to 2006. She earned a Juris Doctor degree from the Santa Barbara College of Law and an Associate of Arts degree from Allan Hancock College. She fills the vacancy created by the retirement of Judge Rogelio R. Flores. Nguyen Deroian is a Democrat.  

Santa Clara County Superior Court
Evette D. Pennypacker, 47, of Sunnyvale, has been appointed to a judgeship in the Santa Clara County Superior Court. Pennypacker has been a partner at Quinn, Emanuel, Urquhart and Sullivan LLP since 2007, where she was an associate from 2003 to 2007. She was an associate at Fenwick and West, LLP from 1999 to 2003. Pennypacker earned a Juris Doctor degree from the University of California, Hastings College of the Law and a Bachelor of Arts degree from the University of California, Santa Cruz. She fills the vacancy created by the retirement of Judge Mary Ann Grilli. Pennypacker is a Democrat.

Sonoma County Superior Court
 Barbara Phelan, 57, of Glen Ellen, has been appointed to a judgeship in the Sonoma County Superior Court. Phelan has served as a judicial staff attorney at the First District Court of Appeal since 2003. She was an associate at Lanahan and Reilley from 2001 to 2003 and served as a judicial staff attorney at the First District Court of Appeal from 1991 to 2001. Phelan was an associate at Pillsbury, Winthrop, Shaw, Pittman LLP from 1987 to 1991. She earned a Juris Doctor degree from the University of California, Hastings College of the Law and a Bachelor of Arts degree from the University of California, Los Angeles. She fills the vacancy created by the retirement of Judge Raima H. Ballinger. Phelan is a Democrat.

Calaveras County Superior Court

David M. Sanders, 63, of Pioneer, has been appointed to a judgeship in the Calaveras County Superior Court. Sanders has served as a commissioner at the Calaveras County Superior Court since 2015. He was a supervising attorney at Field and Sanders from 2009 to 2014 and at King Warwick and Sanders from 2002 to 2009. Sanders was an associate at Pagliero and Associates 1996 to 1999 and a partner at Pagliero and Sanders from 1999 to 2002 and a sole practitioner from 1993 to 1996. He was an associate at Johnson, Pagliero and Schachter from 1990 to 1993 and at Bullen, McKone, McKinley, Gay, Keitges and Pach from 1987 to 1990. Sanders earned a Juris Doctor degree from the University of California, Davis School of Law and a Bachelor of Arts degree from the University of Colorado, Boulder. He fills the vacancy created by the resignation of Judge Grant V. Barrett. Sanders is a Democrat.

The compensation for each of these positions is $200,042.

Two new justices appointed!

Governor Brown Appoints Two Court of Appeal Justices

SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of Judge Thomas DeSantos and Judge Mark W. Snauffer as associate justices of the Fifth District Court of Appeal.

Fifth District Court of Appeal

Thomas DeSantos, 61, of Hanford, has been appointed associate justice of the Fifth District Court of Appeal. DeSantos has served as a judge at the Kings County Superior Court since 2003. He was a sole practitioner from 1993 to 2003 and from 1984 to 1989. DeSantos was a partner at Farley, DeSantos et. al. from 1989 to 1993 and an associate at Kahn, Soares and Conway from 1981 to 1983. He earned a Juris Doctor degree from the University of Southern California School of Law and a Bachelor of Arts degree from Stanford University. DeSantos fills the vacancy created by the death of Justice Gene M. Gomes. This position requires confirmation by the Commission on Judicial Appointments. The Commission consists of Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and Senior Presiding Justice Brad R. Hill. DeSantos is a Democrat.

Mark W. Snauffer, 64, of Fresno, has been appointed associate justice of the Fifth District Court of Appeal. Snauffer has served as a judge at the Fresno County Superior Court since 2000. He was a partner and shareholder at Baker, Manock and Jensen from 1982 to 2000. Snauffer was an associate at Hefner, Stark and Marois from 1980 to 1982 and at McCormick, Barstow, Sheppard, Wayte and Carruth from 1977 to 1980. He earned a Juris Doctor degree from the University of California, Los Angeles School of Law and a Bachelor of Arts degree from the University of California, Berkeley. He fills the vacancy created by the retirement of Justice Stephen J. Kane. This position requires confirmation by the Commission on Judicial Appointments. The Commission consists of Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and Senior Presiding Justice Brad R. Hill. Snauffer is a Democrat.

The compensation for each of these positions is $228,918.

Justice Kennedy Announces Retirement

Justice Anthony Kennedy Announces Retirement, Setting Stage for Nomination Battle

"Please permit me by this letter to express my profound gratitude for having had the privilege to seek in each case how best to know, interpret, and defend the Constitution and the laws that must always conform to its mandates and promises," Kennedy said in a letter to President Trump.

Dissent do-over

You'll recall that in this pub'd opinion here, Justice Dato began his noteworthy dissent like this:

One needn't have been a justice of the Court of Appeal for long—and I have not—to appreciate the prudential institutional limitations on an intermediate appellate court. Our primary role is to review final decisions of the superior court for prejudicial error. We generally avoid broad legal policy pronouncements, leaving that to the Supreme Court and the Legislature. Sometimes policy considerations can play an important part in our decisions, but even then we take pains to assure that the policy questions are squarely presented by the facts of the case and are necessary to the decision we are required to render.

I believe the majority's decision to issue writ relief in this case violates each of these salutary guidelines. The majority then compound these judgmental errors by deciding the ill-considered legal issue incorrectly in a manner that will materially impair the interests of California consumers by fundamentally altering the structure of consumer protection laws in this state. For these reasons, I respectfully dissent.

Well, today that opening has been revised to now read as follows:

As an intermediate appellate court, our primary role is to review final decisions of the superior court for prejudicial error. We generally avoid broad legal policy pronouncements, leaving that to the Supreme Court and the Legislature. Sometimes policy considerations can play an important part in our decisions, but even then we take pains to assure that the policy questions are squarely presented by the facts of the case and necessary to the decision we are required to render.

I believe the majority's decision to entertain the writ petition in this case violates each of these salutary guidelines. The majority then compound this error by deciding the ill-framed legal issue in a manner that will materially impair the interests of California consumers by fundamentally altering the structure of consumer protection laws in this state. For these reasons, I respectfully dissent.

$32K in appellate sanctions awarded

Here's an unpub'd appellate sanctions decision from 2/8 where sanctions of about $32K were awarded jointly and severally against appellant and appellant's counsel for pursuing a frivolous appeal.

"We find this is one of the rare circumstances in which sanctions are warranted. We therefore grant the motion and award a sanction of $31,947.50 for [Respondent]’s attorney’s fees on appeal."

To underscore the frivolousness of this appeal, the District violated numerous appellate rules, which suggested a lack of good faith and an intent to delay.

Perhaps most troubling, the District’s briefs on appeal do not once cite the record it provided.

[Respondent's appellate counsel] points out the District’s attorneys are experienced appellate counsel, so inexperience does not explain the District’s actions. This record demonstrates the District must have had only one real purpose in pursuing this appeal: to impose a costly delay. This appeal postponed the District from having to pay nearly $10,000 in sanctions while burdening [Respondent] with having to pay her attorneys three times that amount in order to defend it.

[Respondent] seeks $31,947.50 in attorney’s fees as a sanction, which includes 54.1 hours by appellate counsel at $475 per hour (a total of $25,697.50), and 12.5 hours at $500 per hour for trial counsel’s work on appeal (a total of $6,250). We find these amounts supported and reasonable, so we will impose a sanction of $31,947.50 on the District and counsel jointly and severally, to be paid to [Respondent]. (§ 907; Cal. Rules of Court, rule 8.276(a).)

[See in the MetNews School District Must Pay $32,000 for Frivolous Appeal]

Also of note from yesterday, Retired Justice Mallano wins again on judicial salaries, here. [See in the MetNews C.A. Affirms Order to State for Back Payments to Judges: In Mallano v. Chiang II, Court Rejects Argument That Judge Berle Lacked the Power To Require Disbursements Where Complaint Only Sought Declaratory Relief. "Class members are identified in a footnote as:
 “(1) all California state judges of the Superior Court or justices of the Supreme Court or Court of Appeal who were active since the commencement of fiscal year 2008-2009; (2) all persons who are receiving or since the commencement of fiscal year 2008-2009, have received benefits from JRS; and (3) all persons who are receiving, or have received benefits from JRS II based on a final compensation that includes salary paid at any time since the commencement of 2008-2009.”"]

CJA hearings set for July 26 (SF) and July 30 (LA)

Three public hearings have been scheduled by the Commission on Judicial Appointments, for July 26 in San Francisco and July 30 in Los Angeles, to consider the following appointments by Governor Brown:
On July 26 starting at 1 p.m. in the Supreme Court Courtroom, 350 McAllister Street in San Francisco:

1-1:30	Justice Peter Siggins, as Presiding Justice of the Court of Appeal, First Appellate District, Division Three (San Francisco) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Presiding Justice J. Anthony Kline
1:45-2:15	Judge Allison Danner, as Associate Justice of the Court of Appeal, Sixth Appellate District (San Jose) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Presiding Justice Mary J. Greenwood

On July 30 starting at 3 p.m. in the Supreme Court Courtroom, Ronald Reagan State Office Building, 300 South Spring Street, Third Floor, North Tower in Los Angeles:

3-3:30

Judge Gail Ruderman Feuer, as Associate Justice of the Court of Appeal, Second Appellate District, Division Seven (Los Angeles) Commission members: Chief Justice Tani G. Cantil-Sakauye (Chair), Attorney General Xavier Becerra, and Presiding Justice Arthur Gilbert

The hearings will be webcast live here.

The state Constitution specifies that a gubernatorial nomination or appointment to the Supreme Court or a Court of Appeal is “effective when confirmed by the Commission on Judicial Appointments.”
The commission consists of the Chief Justice of California, the Attorney General of California, and the Presiding Justice of the Court of Appeal of the affected district or, if there are two or more Presiding Justices, the one who has presided longest or, for a nomination or appointment to the Supreme Court, the Presiding Justice who has presided the longest on any Court of Appeal.

DJ profiles CALG

This week's law firm profile in the DJ is Flexibility First: The California Appellate Law Group thrives on subverting the typical law firm model while providing seasoned expert attorneys to handle appeals and to serve as consultants in major appellate matters.

"Ben Feuer, the firm’s chairman, said after witnessing burnout and dissatisfaction among colleagues in the legal profession, he thought there must be a better way to practice law. The firm sought to eliminate restrictive pressure on lawyers by reimagining the firm model." Thus, the firm has meeting in San Francisco, but "attorneys predominantly work remotely," and the firm doesn't pay any salaries, which "allows the firm to really give the lawyer a lot of flexibility in terms of how much they want to work." "The firm pays lawyers a fixed percentage of however much they work based on their number of cases and hours worked."

Today's DJ also has 2nd District Court of Appeal Justice Sandy R. Kriegler to retire.

Appellate roundup

This month's L.A. Lawyer magazine (pages 50-51) has a book review of To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States, a 3-volume history by retired 2/7 Justice Earl Johnson.

For more great appellate reading, check out the Cal Supreme Court Historical Society's latest newsletter here, which has a cover story by Justice Stewart and much more of tremendous interest.

This week's mail also brought the CLA Litigation Section's annual California Litigation Review (2017 edition), filled with great content, including an interview with Justice Werdegar (From A One-Room Schoolhouse to the California Supreme Court), as well as the must-read annual Appeals and Writs updates (by members of the CLA Litigation Section's Appellate Committee).

The DJ's annual 40-Under-40 insert this week features Ben Feuer of the California Appellate Group (here).

2/5's Justice Kriegler to retire June 30

The MetNews presents: Veteran Jurist Sandy Kriegler to Retire Next Week From Court of Appeal Epstein Observes He’s ‘What an Appellate Judge Ought to Be’

Sandy Kriegler, a jurist for 33 years, has slated a June 30 retirement as a justice of this district’s Court of Appeal.

Kriegler, who has been acting presiding justice of Div. Five since the death in May of last year of Paul Arthur Turner, drew praise yesterday from Presiding Justice Norman Epstein of this district’s Div. Four, who said:“Sandy Kriegler is what an appellate judge ought to be. His opinions are solid, persuasive, well written, and succinct. He is personally dedicated to his work, and a wonderful person to be around. I’ll miss him, and the court will miss him.”

Chief Justice G. Tani Cantil-Sakauye said: “Justice Sandy Kriegler has made a major contribution to criminal justice in Los Angeles and California during his 43 year public service career. He argued before the California and U.S. Supreme Court, served as a judge in 400 jury trials, an appellate justice for 13 years, and faculty at the Judicial College to train the next generation of jurists. He leaves an ongoing legacy with the plain-English jury instructions through his service for 11 years on the Judicial Council’s Advisory Committee on Criminal Jury Instructions. I thank him for his service and wish him well.”

2d DCA pro tem update

The following are currently sitting on assignment:

• Judge Laura A. Matz of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until June 30, 2018
• Judge Halim Dhanidina of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until July 31, 2018
• Judge Upinder S. Kalra of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until July 31, 2018
• Judge Gary I. Micon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Four until July 31, 2018
• Judge Dorothy C. Kim of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until July 13, 2018
• Judge Curtis A. Kin of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until July 31, 2018
• Judge Laura A. Seigle of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five beginning July 16, 2018 until September 30, 2018
• Judge Lisa R. Jaskol of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five beginning August 1, 2018 until September 30, 2018
• Judge Gail Ruderman Feuer of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until July 31, 2018
• Judge John Shepard Wiley, Jr. of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until July 31, 2018
• Judge James Edward Rogan of the Orange County Superior Court, will be sitting Pro-Tem in Division Eight until July 13, 2018
• Judge Allan Goodman (Retired) of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight until July 31, 2018

Justice Humes becomes APJ

Chief Justice Designates Jim Humes
Administrative Presiding Justice of First Appellate District

Humes made history as California’s first openly gay appellate justice.

June 19, 2018

Chief Justice Tani Cantil-Sakauye on Tuesday announced the designation of Justice Jim Humes as Administrative Presiding Justice of the First Appellate District in San Francisco.
Justice Humes made history by becoming the first openly gay justice appointed to serve on the California Court of Appeals.
"Justice Humes has spent more than 30 years of his career in public life, from managing major state agencies to helping provide a vision for the entire judicial branch as a member of the Judicial Council,” said Chief Justice Tani Cantil-Sakauye. “His keen intellect and strong leadership make Justice Humes exceptionally qualified to lead the First District forward.”
Governor Jerry Brown appointed Justice Humes to the First Appellate District in 2012. He joined the court as an associate justice in Division Four, and in 2014 was elevated to presiding justice of Division One.
In a Court of Appeal with more than one division, the Chief Justice may designate a presiding justice to act as administrative presiding justice under Rule of Court 10.1004. The administrative presiding justice supervises the court's day-to-day operations, overseeing matters that include personnel, budget, and facilities.
Before joining the Court of Appeal, Justice Humes served for two years as Governor Brown's executive secretary for legal affairs, administration, and policy. Before that, Justice Humes served as the chief deputy for then-Attorney General Jerry Brown, where he managed the California Department of Justice—an agency that employed more than 5,000 people, including 1,100 attorneys. Justice Humes previously served as the chief assistant for the civil division and held management and supervisory positions in the health, education & welfare and correctional law sections of the attorney general’s office.
Justice Humes began his career in public service in the Colorado Attorney General’s Office where he was first appointed to be a deputy in the regulatory law section, and later became a senior assistant attorney general in the tort litigation section. In addition to his public sector work, he also practiced law in private Colorado firms.
Justice Humes holds a law degree from the University of Denver, a master’s degree in social science from the University of Colorado, and a bachelor’s degree from Illinois State University.

[The 6/20 MetNews has Chief Justice Names Jim Humes Administrative Presiding Justice]

2d DCA tweaks formatting requirements

The court has made changes to the formatting guidelines regarding line spacing for documents, which is now in effect. Please see 2DCA Formatting Requirements and Guidelinesbefore filing your documents.

See #2 under the Requirements section, the gist of which is to make sure that text does not hide the TrueFiling file stamp. This typically occurs when requesting an immediate stay or otherwise putting some text on the upper-right corner of the cover page.

Veteran Justice to Retire this Summer & More in the DJ

That's today's DJ headline re: Norman Epstein, a 2nd District Court of Appeal presiding justice, has announced he will retire in August after a career on the bench that dates back to the Los Angeles County Municipal Court in the mid-1970s.

• He’s been in charge of the 2nd District’s Division 4 for nearly 15 years.
• “If Socrates were alive today, he would say, ‘Justice Epstein is my perfect judge,’” [2/6's PJ] Gilbert said. “He’s the epitome of what a judge should be.”

The DJ also reports Siggins Appointed as 1st District Presiding Justice; he will succeed retired PJ McGuiness. [The MetNews has Governor Brown Elevates Peter J. Siggins to Presiding Justice]

H&L's Kirk Jenkins presents the California Supreme Court by the numbers: Oral Arguments, analyzing the 84 cases decided by the Supremes in 2017. "In most cases, the party asked the most questions at oral argument typically lost. Criminal reversals were the only scenario in which losing parties averaged fewer questions."

And Moskvitz on Appeals offers Appellate Adventures, Chapter 4: "The Brief: Where Do I Begin?" in which he suggests first finding a theme--an articulated reason why an appellate court should want to rule for your client. Then start outlining the two big sections of a brief, the statement of facts and the argument.

5th DCA pro tem update

Judge Wayne R. Ellison (Retired) of the Superior Court of Fresno County, having been assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution will be sitting pro tempore through July 31, 2018.

Justice Siggins appointed as PJ of 1/3

Governor Brown Appoints
Court of Appeal Justice

SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of Justice Peter J. Siggins as presiding justice, Division Three of the First District Court of Appeal. 

Peter J. Siggins, 62, of San Rafael, has been appointed presiding justice, Division Three of the First District Court of Appeal. Siggins has served as an associate justice at the First District Court of Appeal since 2006. He served in several positions in the Office of the Governor from 2003 to 2005, including legal affairs secretary and interim chief of staff. Siggins served in several positions at the California Department of Justice, Office of the Attorney General from 1988 to 2003, including senior assistant attorney general and chief deputy attorney general. Siggins was a sole practitioner from 1983 to 1988 and an associate at Acret and Perrochet from 1979 to 1982. He earned a Juris Doctor degree from the University of California, Hastings College of the Law and a Bachelor of Arts degree from Loyola Marymount University. He fills the vacancy created by the retirement of Presiding Justice William R. McGuiness. This position requires confirmation by the Commission on Judicial Appointments. The Commission consists of Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and Senior Presiding Justice J. Anthony Kline. Siggins is a Democrat. The compensation for this position is $228,918.

2/4's Manella under consideration for PJ seat

The MetNews reports Court of Appeal Justice Nora Manella Under Consideration for P.J. Spot.

The article also noes that LASC Judges Lisa Jaskol, Dorothy Kim, and Maria Stratton are under consideration for elevation to the Court of Appeal.

For those keeping score at home, the 2d District has one vacancy in Division 3, will have a vacancy in Division 4 (with PJ Epstein's retirement), has a vacancy in the PJ spot for Division 5, has a vacancy for an associate justice in Div. 5, and has a vacancy in Division 8.

June Litigation Update & October Appellate Summit

The June 2018 issue of Litigation Update -- an e-publication of the Litigation Section of the California Lawyers Association -- is now available here. Thanks, Justice Moore!

Be sure to save the date for the Litigation Section's Appellate Summit on October 5 in San Francisco, where you can hear from Justice Cuellar, Dean Chemerinsky, and many others you won't want to missnote!

Kozinski's tribute to Reinhardt

Happy Flag Day. Today's must-read blog post is not on this blog, but on Concurring Opinions, which posts Tribute: “Reinhardt and I” by Alex Kozinski. The headings say it all:

An inauspicious beginning 
The odd couple 
No punches pulled
Passion for the unfortunate
Farewell

Appellate cases of note

Dismissals here, dismissals there, dismissals everywhere!

• 4/1 dismisses an appeal here because the appellant had not become a party to the action by intervening or filing a motion to vacate the judgment (per Hernandez v. Restoration Hardware (2018) 4 Cal.5th 260.)
• 2/5 dismisses an appeal here because the proper avenue for appellate review was not appeal but a writ of supersedeas.
• The 9th Circuit dismisses an appeal here because the matters purportedly to be appealed were not included in the notice of appeal. Furthermore, a premature filing of a post-judgment motion did not extend the otherwise applicable appeal period.

Show me the money!

• 4/1 affirms an attorneys' fees award to an appellant for 360 hours at $450/hour for the appeal, awarding $161,775, here.

[6/15 update: For an interest not-moot appeal, see here.]

2/4's PJ Epstein to retire

Today's MetNews reports Presiding Justice Norman L. Epstein Slates Aug. 22 Retirement From Court of Appeal: Jurist, 85, Widely Hailed for Excellence of His Opinions, Collegiality, Authorship of Treatises, Contributions to Judicial Education

Court of Appeal Presiding Justice Norman L. Epstein of this district’s Div. Four, generally regarded as one of California’s outstanding appellate jurists, has slated an Aug. 22 retirement after 45 years of judicial service, starting with the Los Angeles Municipal Court.

Known both for affability and scholarship, his many honors include the UCLA Law Alumnus of the Year Award (1970), the Los Angeles County Bar Association Distinguished Trial Jurist Award (1987-88), the California Judges Association’s President’s Award (1988), the Friends of the Los Angeles County Law Library Beacon of Justice Award (2005), and the Judicial Council’s Jurist of the Year Award (2007).

Book to buy in Jan. 2020

The NLJ reports: Prominent Authors, Reflecting on SCOTUS

"When the American Civil Liberties Union marks its 100th birthday in 2020, some of the country's most respected fiction and nonfiction authors will offer in a published anthology their takes on U.S. Supreme Court decisions and other court cases with which the organization has been involved during the last century.
The project began shortly after the election of President Donald Trump when authors Michael Chabon and his wife Ayelet Waldman, a lawyer, contacted the ACLU asking how they might volunteer.
➤➤ Among the volunteer writers, Salman Rushdie has chosen United States v. New York Times, the Pentagon Papers challenge. Lauren Groff will write about the landmark abortion ruling, Roe v. Wade. Meg Wolitzer has taken Griswold v. Connecticut and Jesmyn Ward will write on Chicago v. Morales. Other writers include Jennifer Egan, Colson Whitehead, Hanya Yanagihara, Ann Patchett, Marlon James and Louise Erdrich.

➤➤ Waldman, with Chabon, will edit the stories and essays. The concept, she said, "moves beyond the whole idea of the Supreme Court and becomes a way to understand the history of the civil rights movement and the conception of what it means to be a citizen. I think this could be a phenomenal teaching tool for high schools and colleges."

The editors and literary agency are donating their advance and any proceeds connected to the book to the ACLU. The contributing writers are forgoing payment.