Friday, December 17, 2021

Tardy Trump appeal dismissed

The National Law Journal has Citing Missed Deadline, Appellate Court Rejects Donald Trump's Appeal of Attorney Fees in Stormy Daniels Lawsuit about yesterday's order from 2/3 in B308255 (Clifford v. Trump). Appellant argues that the order being appealed was not included with the mailing of the clerk's certificate of mailing (which triggered the time to appeal). But the court found that counsel's declaration was insufficient (as speculative) to overcome the presumption of Evidence Code section 664 that official duties have been regularly performed. Thus, the notice of appeal was 4 days late.

Bloomberg Law has Ninth Circuit Nominee Advances in Senate After Panel Deadlocked ("Senators voted 50-46 Thursday to bring [LASC Judge] Thomas’ nomination to the floor after deadlocking 11-11 in the Judiciary Committee.") and Trump Lawyer Eastman Should Be Sanctioned, 1,200 Attorneys Say (and see Law.com's 'No Casual Dishonesty': 1,000 Attorneys Ask California Bar to Investigate Trump Ally John Eastman Over Election Challenges).

Law360 has Dems Unveil Bill to Disclose Amicus Brief Funders:

The proposal specifically requires amicus filers in the high court or federal appellate courts to reveal the identities of all funders that contributed either 3% of the entity's gross annual revenue or over $100,000. It also bars amicus brief filers from making gifts or providing travel to Supreme Court justices and appellate judges. 

Further on the "poor practices" front, see fn.1 here: "The record contains 12 volumes of reporter’s transcript, plus appendices, from a three-week trial. Appellants’ statement of facts is barely three pages. We remind counsel that “[i]n every appeal, ‘the appellant has the duty to fairly summarize all of the facts in the light most favorable to the judgment,’ ” a burden that grows with the complexity of the record. (Myers v. Trendwest Resorts, Inc. (2009) 178 Cal.App.4th 735, 739.)"