Thursday, October 31, 2024
Expand Your Appellate Practice webinar
2d District pro tem update
The following are currently sitting on assignment in the 2d District:
- Judge Kira L. Klatchko of the Riverside County Superior Court will be sitting Pro Tem in Division One until December 31, 2024
- Judge Anne K. Richardson of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two from November 12, 2024, until November 30, 2024
- Judge Nicole C. Bershon of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until November 30, 2024
- Judge Mark K. Hanasono of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until December 31, 2024
- Presiding Justice Peter J. Siggins (ret.) of the First District Court of Appeal will be sitting Pro Tem in Division Four until November 20, 2024
- Judge Michael P. Pulos of the San Diego County Superior Court will be sitting Pro Tem in Division Seven until December 31, 2024
LA Courthouses closed for Dodgers Parade
As a result of street closures, significant crowds and traffic congestion
anticipated in the Downtown Los Angeles Civic Center area resulting from the
Los Angeles Dodgers’ victory parade, the following Los Angeles County
courthouses and facilities will be closed Friday, Nov. 1:
• Stanley Mosk Courthouse at 111 N. Hill St.
• Clara Shortridge Foltz Criminal Justice Center at 210 W. Temple St.
• Superior Court departments at the Spring Street Courthouse at 312 N.
Spring St.
• Superior Court Archives and Records Center at 222 N. Hill St., Room 212.
AND
Second District Court of Appeal Announces Closure for Dodgers’World Series Championship Parade
LOS ANGELES, October 31, 2024 - The Second District Court of Appeal announced today that the court will be closed on Friday, November 1, due to the Los Angeles Dodgers' World Series Championship parade celebrations in downtown Los Angeles.
The closure affects operations at the Ronald Reagan State Building (300 S. Spring Street, 2nd Floor) due to anticipated large crowds and significant traffic congestion in the Downtown Los Angeles Civic Center area.
Facility Access and Operations
- Street
closures around court building will begin at 4:00 a.m.
- The Ronald
Reagan State Building is open; however, due to multiple street closures in
the surrounding area, reaching the building may be difficult.
- Normal
court operations will resume Monday, November 4
Electronic Filing and Deadlines -- Electronic filing services will remain available through the court's website at appellate.courts.ca.gov/district-courts/2dca. Parties with November 1 filing deadlines who typically file at windows rather than electronically may submit their documents in person on Monday, November 4.
Court Proceedings -- Oral arguments scheduled for November 1 will proceed remotely. Select cases will be continued to Monday, November 4.
Case Information and Contact
- For
case-specific inquiries, parties should contact the court via email
- Case
status updates are available through the Search
Appellate Case Information portal on the court's website.
Original Jrdxn J.Lee podcast
Original Jurisdiction has a 45-minute podcast interview with 9th Judge Lee in San Diego: From Wachtell To The White House To The Federal Bench: Judge Kenneth Lee
Wednesday, October 30, 2024
Justice Moore receives Sills Award for Appellate Excellence
OCBA's Appellate Section has presented its Sills Award for Appellate Excellence for 15 years, awarding it to 8 justices and 7 attorneys over the years. (David Sills, for whom the award is named, was 4/3's PJ for over 20 years).
Last night the award was presented to Justice Eileen Moore (on 4/3 since 2000)--an amazing and accomplished veteran and judge who has an abundance of "Rizz." The program also had an MCLE component with Dean Chemerinksy and retired 10th Cir. Judge/Professor McConnell presenting their somewhat divergent view on SCOTUS.
Tuesday, October 29, 2024
SDNY Haunted House!
Once a year, the normally staid government office of audiovisual staffers, building architects, budget crunchers and court reporters is engulfed in fake blood, animatronic figures and strobe lights. What started as a workplace teambuilding exercise has turned into a cut-throat competition, presided over by district, magistrate and appellate judges from the Second U.S. Circuit Court of Appeals.
NLJ has Many Americans Don't Trust the Supreme Court This Election; David Boies Isn't One of Them
With the creeping tide of election cases now hitting the court's emergency docket, just 20% of Americans are confident in the court's ability to be "neutral" in a ruling on the 2024 election, according to the Pew Research Center.
Opinion opener
In this published opinion today, PJ Gilbert gets "punny" with this opening:
Many Californians have high expectations that cannabis is legal in California. This is a reasonable assumption because Civil Code section 1550.5 says it is.
We regret to inform that cannabis is illegal in California because federal law says so.
Sunday, October 27, 2024
Articles of appellate note
Law360 has Patent Owner Fed Up With Fed. Circ's 1-Word Decisions -- "A patent owner has urged the U.S. Supreme Court to review the Federal Circuit's one-word decision affirming summary judgment in favor of TD Ameritrade in a high-stakes patent fight, saying the appellate court is routinely and summarily affirming orders that ignore factual disputes in patent cases, without explanation." The cert petition asserts that "a third of all patent appeals are resolved with just a single word."
Law360 also has Thapar Flays Law Schools, Attys For Anti-Originalist MindsetsDespite the ascendance of conservative constitutional views, appellate attorneys are losing cases by failing to adapt, and the blame rests heavily with law schools that appear increasingly out of touch and undeserving of alumni donations, U.S. Circuit Judge Amul R. Thapar said Wednesday night in a bare-knuckle speech at a Heritage Foundation event.
Bloomberg Law has Judge Urges Law School Donation Halt Until Originalism Taught
The NLJ has The 2024 NLJ Awards: Professional Excellence—Appellate Hot List
The DJ had Former chief justice recalls wrangling with Legislature, Jerry Brown -- Former chief justice recalls being screamed at by legislators and being given budget lobbying advice by Gov. Jerry Brown.
ABAJ has Anti-abortion princess explains her friendship with Justice Alito after he discloses $900 gift
The 64-year-old princess is now “an anti-abortion and anti-immigration provocateur” with “ties to the European far right,” the New York Times said. Princess Gloria toured the Supreme Court in 2019 and posed with Alito and Justice Brett Kavanaugh.
Tuesday, October 22, 2024
Novel opening paragraph
Here's an unusual starting paragraph to this unpub from 4/3:
It is the rare case that leaves us scratching our heads and asking, “Why are we here?” This is such a case. The parties are in full agreement as to the relief sought by the appeal yet remain two ships passing in the night. The underlying action was settled, the settlement has been fully satisfied, and plaintiff HK Hong Mei Tang International Co. Limited (HK) already agreed in a writing filed with the trial court to the very relief sought by defendants Grace Hua Wu and Asia Pacific TW International Inc. (collectively, Wu) on appeal—that the judgment entered against them on July 27, 2023 (the July 27, 2023 order and judgment), be vacated and the action be dismissed with prejudice. Yet still, here we are.
The NLJ has At Supreme Court These Days, the Liberal Justices Are 'Textualists' Too
Kagan considers herself a "good textualist" and consistently credits the late conservative Justice Antonin Scalia, her former hunting buddy, with making the plain language of the law the central focus of modern statutory interpretation cases. She's not afraid of calling out her colleagues, particularly her Republican-appointed ones, when she thinks they're falling short of the standard they themselves claim to follow.
Info Needed re Possible Justices
https://www.surveymonkey.com/r/SAJECJessner
https://www.surveymonkey.com/r/SAJECTamzarian
https://www.surveymonkey.com/r/SAJECScherb
Monday, October 21, 2024
CLA CAC Appellate Mentorship Program
The California Lawyers Association Litigation Section’s Committee on Appellate Courts seeks mentors and mentees for its new California Appellate Mentorship Program! This six-month, one-on-one mentorship program will connect lawyers aspiring to appellate practice with experienced appellate practitioners. Mentees can pursue career growth and professional development in a confidential and collegial setting. Mentors can share their experiences and assist the next cohort of California’s appellate lawyers. Find more information and to apply please see here before the December 10, 2024, deadline.
CJA hearings 11/25 @ 2 p.m. in LA
Commission to Consider Appointments to Courts of Appeal -- The Commission on Judicial Appointments will hold public hearings on Nov. 25 to consider three appointments to appellate courts in Los Angeles.The Commission on Judicial Appointments will hold public hearings on Monday, Nov. 25 starting at 2 p.m. to consider three appellate court appointments by Gov. Gavin Newsom. The commission will consider the following appointments during hearings held in the courtroom at the Ronald Reagan State Building, located on the third floor of 300 S. Spring Street in Los Angeles:
- Justice Brian M. Hoffstadt as presiding justice of the Second District Court of Appeal, Division Five
- Judge Michelle C. Kim as associate justice of the Second District Court of Appeal, Division One
- Judge Anne K. Richardson as associate justice of the Second District Court of Appeal, Division Two
Article round-up
The Recorder has Court Orders Review of Attempted Murder Appeal After Attorney Failed to Disclose Suspension
Law360 has:
Atty Says Appellate Co.'s Ads Look Like Case Updates -- A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.
High Court Bar's Future: Solicitor General Elizabeth PrelogarTuesday, October 15, 2024
Bold Step / Dubitantes / Anand interview
The NLJ has When in Doubt: What's a Dubitante Opinion, and Why Do Judges Write Them? -- The name comes from the Latin word meaning "doubtful" and is typically used to express reservations with a majority decision's rationale without declaring it wrong.
Law360 has an interview with SCOTUS star/co-director of Stanford Law's Supreme Court Litigation Clinic: High Court Bar's Future: Stanford Law's Easha Anand
Monday, October 14, 2024
Mandatory Judicial retirement age?
- New Hampshire proposal would raise mandatory retirement to 75 from the current 70. Most states (33) have age limits for judges (CA does not). Vermont's mandatory retirement age is the highest, at 90. Texas's is 75.
- Arizona voters are being asked to scrap most retention elections and judicial term limits. AZ's mandatory retirement age is 70.
- Colorado voters will decide whether to create a judicial discipline adjudicative board composed of judges, attorneys, and citizens.
Sunday, October 13, 2024
History @ SCOTUS
- Judges are going to the library to do their own research
- Law schools lack infrastructure to teach new method
Conservative US Supreme Court justices’ reliance on history and tradition to settle contentious constitutional questions has judges and lawyers saying the new method of analysis makes their own jobs harder. The 6-3 conservative majority has cited centuries-old treatises in overturning abortion rights, pointed to English history dating to the late 1600s in allowing more guns to be carried in public, and looked to state practices at the time of the country’s founding in rejecting a free-speech challenge to trademark restrictions.
Thursday, October 10, 2024
Fed Cir in CA
- The U.S. Court of Appeals for the Federal Circuit is hearing arguments at law schools and courthouses around the San Francisco Bay Area this week. Occasionally hitting the road helps the Washington, D.C.-based court meet its statutory requirement to provide "reasonable opportunities to citizens to appear before the court" and reinforces its national jurisdiction.
- the students' questions about winning advocacy shook loose some of the most interesting observations from the jurists.
- Stoll said the most important thing is to learn how to write clearly and persuasively. But she said that it's important to know the caselaw as well. "The most persuasive briefs spend a lot of time on the arguments," she said. But, she added, those briefs are upfront in acknowledging the weak points in their arguments. "We don't always see parties that do that. Sadly, sometimes we'll see parties that … won't even acknowledge a weak point or a difficult fact that we have in their face until the reply brief, when they're responding to what their adversary has said in the rebuttal brief," she said, adding that that's a mistake.
- So is failing to address difficult questions head-on at oral argument. "The important thing is to listen to them and actually answer the question," Stoll said. "There are people who don't, unfortunately." Stoll attributed some of the unresponsiveness to advocates being excited or nervous. But she said that in some cases, it's because they're unprepared. She said the best way to deal with the question of preparation is to get together with colleagues to come up with "the most diabolical" questions that could come your way. She said that those sort of mock sessions allow an advocate to both address the tough questions and figure out paths to get back on track to making their strongest points.
1st Dist. Conference
The Appellate Section of The Bar Association of San Francisco presents Bi-Annual View from the Appellate Bench - 2024, Friday November 1, 2024, 9 a.m. to 4:30 (reception to follow) at the Milton Marks Auditorium (455 Golden Gate Ave, SF) -- 6 Hours of Appellate Specialization.
Every two years BASF has been honored to host a full day View from the Appellate Bench CLE program. Our 2024 conference will feature 12 esteemed Justices from the First District Appellate Court (Justices Banke, Wilson, Goldman, Petrou, Brown, Streeter, Chou, Humes, Stewart, Rodriguez, Jackson) as well as Justice Kelli Evans from the California Supreme Court, and a host of other appellate law experts.
Wednesday, October 9, 2024
2/7 Research Attorney to LASC!

Esther K. Ro, of Los Angeles County, has been appointed to serve as a Judge in the Los Angeles County Superior Court. Ro has served as a Senior Appellate Attorney at the Second District Court of Appeal since 2019. She was a Partner at Morgan, Lewis & Bockius LLP from 2017 to 2019 and an Associate there from 2011 to 2017. Ro was an Equal Justice Works AmeriCorps Recovery Fellow at the Asian Pacific American Legal Center from 2009 to 2010 and an Associate at Squire, Sanders & Dempsey LLP from 2007 to 2009. She earned a Juris Doctor degree from the University of California, Los Angeles School of Law. She fills the vacancy created by the retirement of Judge Paul A. Bacigalupo. Ro is a Democrat.
Trott on Trump
The NLJ has Assistant Solicitor General Heads to Paul Hastings to Co-Chair Appellate Practice -- Ben Snyder joins the firm after five years at the Justice Department.
Ben Snyder, an assistant solicitor general, is joining Paul Hastings as a partner and co-chair of its appellate practice, the firm said Wednesday. Snyder, based in Washington, D.C., will start at the firm in mid-December. Steve Kinnaird, also out of D.C., will remain the firm's other co-chair for that practice.
Monday, October 7, 2024
Proposed 9th Cir. rules
• Circuit Rules 29-1 through 29-3 (Amicus Curiae Briefs)
• Advisory Committee Note to Circuit Rule 32-1 (Form and Contents of Briefs)
The revisions to Circuit Rules 29-1 through 29-3 would eliminate the filing of nongovernmental amicus curaie briefs by consent. Instead, any non-governmental amicus curaie brief will require a motion for leave to file and will only be filed with the permission of the Court. This change would allow the Court to manage potential recusal issues that could arise upon the filing of an amicus brief without permission of the Court before a merits or en banc panel is assigned to the case.
The revision to the Advisory Committee Note to Circuit Rule 32-1 would make clear that, by signing a brief as required by the Rule, an attorney or unrepresented party is attesting that they have reviewed and verified the contents of the brief, regardless of how the brief was prepared.
If ultimately approved by the Court, these rules would become effective no earlier than June 1, 2025. Please direct comments to Molly C. Dwyer, Clerk of Court, at Molly_Dwyer@ca9.uscourts.gov, and Susan V. Gelmis, Chief Deputy Clerk, at Susan_Gelmis@ca9.uscourts.gov. Comments must be submitted no later than December 5, 2024.
See NLJ's Judges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs -- Judge Sidney Thomas of the U.S. Court of Appeals for the Ninth Circuit said allowing an amicus brief to be filed based only on consent of the parties leads to recusal problems if the brief presents an ethical conflict for a judge.
5th Cir. proposes rule on expedited decisions
- Attorneys could ask for ‘urgent action’ in non-emergency cases
- Court seen uptick in high-profile cases
Saturday, October 5, 2024
Book analyzes SCOTUS writing
LASC Appellate Division Calendar
APPELLATE DIVISION 2025 ORAL ARGUMENT HEARING DATES
The Appellate Division of the Superior Court of Los Angeles County has announced its 2025 oral argument hearing schedule. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division Courtroom Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court:
January 9 and 23
February 6 and 20
March 6 and 20
April 3 and 17
May 1 and 15
June 12 and 26
July 10 and 24
August 7 and 2
September 4 and 18
October 2 and 16
November 6 and 20
December 4 and 18
Friday, October 4, 2024
First Monday in October coming up...
- As the court continues to decide politically fraught cases along bitter ideological lines, public approval remains at historic lows. A recent Gallup poll found that just 43% of Americans approve of the way the court is handling its job, while 52% disapprove.
- "Supreme Court reform" is now on the lips of President Joe Biden and Democratic party members as they seek to insert the court's abortion ruling, and the barely dry Trump v. United States immunity decision, into the upcoming election. Vice President Kamala Harris, the Democratic nominee for president, has signaled support for Biden's calls for term limits, an enforceable ethics code and a constitutional amendment to undo the Trump ruling.
Thursday, October 3, 2024
Do reversal rates align with party affiliation?
- Study finds appellate reversal rates align with party affiliation
- Alignment shows ‘evidence of polarization’
Federal appellate court panels are more likely to uphold rulings by trial court judges if they were appointed by presidents of the same political party, a new study found. The study, published Wednesday by the National Bureau of Economic Research, concluded the political affiliations of the members of three-judge appeals court panels “have a significant impact” on whether the underlying trial court decision is reversed.
Wednesday, October 2, 2024
SCOCA annual review
The court in December marked its return to hearing oral argument in Los Angeles, a tradition put on hold for nearly four years during the COVID-19 pandemic.The court’s tradition of hearing oral argument in Los Angeles—as one of three recurring locations for oral argument, along with Sacramento and San Francisco—dates to 1878.
UC Davis School of Law has posted an interview with Judge Kira Klatchko (formerly a SoCal appellate specialist).
Tuesday, October 1, 2024
3 new CAAL Members
California Academy of Appellate Lawyers Announces Three New Members
The California Academy of Appellate Lawyers is pleased to announce that it admitted three new members at its September 28, 2024 meeting: Glenn Danas, Victoria Fuller, and Rupa Singh.
- Mr. Danas is a partner at Clarkson. He received his B.S. from Cornell University and his J.D. from Emory University School of Law, with honors. He clerked for the Honorable U.W. Clemon on the United States District Court for the Northern District of Alabama.
- Ms. Fuller is a partner at Niddrie|Addams|Fuller|Singh. She received her B.A. from the University of California, San Diego and her J.D. from the University of San Diego School of Law. She served as a judicial extern for the California Court of Appeal, Fourth Appellate District, Division One.
- Ms. Singh is a partner at Niddrie|Addams|Fuller|Singh. She received her B.A. from the University of Pennsylvania, summa cum laude, and her J.D. from New York University School of Law, magna cum laude. She clerked for the Honorable Irma E. Gonzalez (Ret.) on the United States District Court for the Southern District of California. She also served as an Ethics Law Clerk for the Honorable M. Margaret McKeown and as a Staff Attorney, both for the U.S. Court of Appeals for the Ninth Circuit.
Founded in 1972, the Academy is the nation’s oldest lawyers’ organization dedicated to appellate practice. Our members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character, and appellate advocacy skills. Academy members are very frequently counsel of record in the most complex and highest-impact cases before the California Supreme Court, the California Court of Appeal, and federal appellate courts.
DJ articles, including re Pro bono reporting
Attorneys in California will soon be required to report their pro bono hours to the State Bar. Gov. Gavin Newsom signed AB 2505 on Friday. Beginning next year, attorneys will need to report to the bar whether they have provided free or reduced cost legal services in the past year.
2d DCA pro tem update
- Presiding Justice J. Anthony Kline (ret.) of the First District Court of Appeal will be sitting Pro Tem in Division One until October 31, 2024
- Judge Nicole C. Bershon of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until November 30, 2024
- Judge Mark K. Hanasono of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three until October 31, 2024
- Presiding Justice Peter J. Siggins (ret.) of the First District Court of Appeal will be sitting Pro Tem in Division Four from October 5, 2024 until November 20, 2024