Wednesday, April 27, 2022

DJ has Arguelles obit, Blease retirement

Today's DJ has an obit John A. Arguelles, 1927-2022 -- 'Judicial conservative’ was proud of the label, from municipal court to state Supreme Court, which begins:

As a trial judge for 21 years, John Arguelles, who took pride in the labels “strict constructionist” and “judicial conservative,” said he didn’t abuse the advantage of 20/20 hindsight when he joined the 2nd District Court of Appeal and later the California Supreme Court. .... Arguelles, 94, who died at his home on April 10, had acknowledged he was less inclined to reverse than other appellate justices, though he “wouldn’t go to unreasonable lengths to affirm.’’ Arguelles was the second Hispanic and the first UCLA School of Law alumnus to serve on the California Supreme Court at the time of his appointment in March 1987 by Gov. George Deukmejian.

(Fun facts: "Argüelles is a Spanish surname. Argüelles is an administrative neighbourhood of Madrid, part of the Moncloa-Aravaca district. As of 1 July 2019, it had a population of 24,257 inhabitants. The neighbourhood bears the name of Agustín Argüelles, the legal guardian of Queen Isabella II." Remember travel??? Like in the before times...)

And today's DJ has Justice Blease,92, to complete 43 years on 3rd District -- "Blease is the second justice with the court to retire in recent months. Justice William J. Murray Jr. stepped down in January. A complaint to the Commission on Judicial Performance said they contributed to unreasonably long delays on the court."

  • When he steps down on June 7, he will have spent exactly 43 years on the court
  • He leaves a legacy of over 3,000 opinions.
  • Blease will finish his time as one of the longest serving appellate justices in state history. The late Mildred L. Lillie served 44 years on the 2nd District Court of Appeal, from 1958 until her death in 2002.
Also in the DJ, Gary Watt & Patrick Burns have Arbitration Angle: Judicial Review of Arbitration Injunctions
  • what happens if an arbitrator, not a court, grants or denies injunctive relief? Do parties have the same [CCP 904.1] immediate resort to relief? Specifically, even though the arbitration is not complete, can the aggrieved party file a motion to vacate the order in court?
  • A recent Court of Appeal decision said no, holding that the trial court lacked jurisdiction to rule on a petition to vacate an arbitrator’s injunction order because the remedies are governed by the California Arbitration Act (“CAA”), not Section 904.1. Kirk v. Ratner, 74 Cal.App.5th 1052, 1062 (2022).
  • Costa is one of the few Democratic appointees on the conservative-leaning Fifth Circuit
  • Costa, 49, plans to make the rare move to leave the federal bench in August to return to private practice.
  • Costa said he wants to return to his roots as a lawyer. “I miss being an advocate,” he said. “I think I enjoy it more. I think I’m better at it.”
  • Costa said he wants to do both trial and appellate work with a focus on the trial side.