Friday, June 23, 2023

4/1 decides appeal re 2d District

You don't see a decision like this every day, where the respondent is the Second Appellate District itself. 4/1 concludes:

as a matter of law that: (1) the APJ acting alone had authority to dismiss Kleidman’s first appeal in the prior action as untimely; (2) the Second District and the APJ are entitled to judicial immunity; and (3) Kleidman’s complaint failed to state a claim against the Judicial Council.
The complaint alleged that “Division P (a.k.a. Pre-docket Division) of the Court of Appeal for the Second Appellate District . . . is a group within the [Second District] which manages and controls appeals filed from Los Angeles County before they are assigned to one of [the Second District’s] eight divisions. Division P consists of a single justice, viz, the Administrative Presiding Just[ice] (ex officio) or a designee, and around three, or so, clerks of [the Second District].”