Sanctions for frivolous writ

 4/3 imposes $5K in sanctions for a frivolous writ petition here.

When attorneys make misleading statements to courts or fail to promptly update courts when new facts emerge that are relevant to a matter under consideration, courts unnecessarily expend resources assessing issues under false premises. And only when counsel’s zealous advocacy is exercised consistent with counsel’s duty of candor to the court can the judicial system achieve its goal of ascertaining the truth.

... 

The petition ... was plainly frivolous when filed in light of the undisclosed information about the San Diego action. No court would issue extraordinary writ relief to remedy a trial conflict that no longer existed. No reasonable attorney would file a writ petition on this factual record, making the arguments that were made in the petition ....

CJA-palooza!

The Commission on Judicial Appointments will hold in-person hearings in San Francisco on Aug. 19 starting at 1 p.m. and on Aug. 20 starting at 9:30 a.m. to consider eight appointments by Gov. Gavin Newsom.

View the live webcasts for August 19 and August 20.

The commission will consider the following appointments on Aug. 19:

• 1 p.m.: David Sapp, as associate justice of the Third Appellate District (Sacramento)
• 2 p.m.: Judge Lauri Damrell, as associate justice of the Third Appellate District (Sacramento)
• 3 p.m.: Judge Frederick Chung, as associate justice of the Sixth Appellate District (San Jose)
• 4 p.m.: Judge Denise Hippach, as associate justice of the Second Appellate District, Division Six (Ventura)

The commission will consider the following appointments on Aug. 20:

•  9:30 a.m.: Justice Rashida Adams, as presiding justice of the Second Appellate District, Division Three (Los Angeles)
• 10:30 a.m.: Judge Juliet Macaulay, as associate justice of the Fourth Appellate District, Division Three (Santa Ana)
• 11:30 a.m.: Judge Lisa Rodriguez, as associate justice of the Fourth Appellate District, Division One (San Diego)
• 12:30 p.m.: Judge Marsha Amin, as associate justice of the Fourth Appellate District, Division One (San Diego)

The hearing webcasts will be streamed live on the California Courts Newsroom.

6th DCA CJA hearing set

The Commission on Judicial Appointments will hold a public hearing in San Francisco on Wednesday, August 19, 2026, beginning at 3:00 p.m. to consider Governor Gavin Newsom's appointment of Judge Frederick S. Chung as Associate Justice of the Sixth District Court of Appeal.

RIP Justice Slough (1958-2026)

 The DJ has Justice Marsha Slough, 1958 -- 2026: Retired 4th District Court of Appeal justice was "blue-collar" jurist, led court through pandemic

Retired Justice Marsha G. Slough, whose two decades on the California bench took her from working directly with troubled teenagers in San Bernardino County to helping lead the state judiciary through the COVID-19 pandemic, died Saturday following an illness. She was 68.

Slough retired from the 4th District Court of Appeal, Division 2, in Riverside in 2023 after nearly a decade on the appellate bench.

9th Cir. tech issue extends deadlines

Technical Issue -- Due to a technical issue on August 10, 2026, the Ninth Circuit's case management systems was temporarily unavailable. This affected both CM/ECF, ACMS, and the court's email inbox. The Administrative Office of the Courts has now resolved the issue.
The court will sua sponte extend all deadlines for filings due today under Fed. R. App. P. 26(a)(3).

FVAP opinion is out!

The Supreme Court's opinion in FVAP v. Superior Court has issued here, and the disposition is:

Let a writ of mandate issue directing the respondent superior courts to provide indigent litigants, upon request, with meaningful access in all cases to an official verbatim record of proceedings, including by means of electronic recording if an official reporter or official reporter pro tempore is unavailable.

"courts can and should imply an exception to section 69957 where reasonably necessary to provide indigent civil litigants with meaningful access to justice and an official verbatim record." (Opn. at 5.)

[The DJ has California Supreme Court orders electronic recording when court reporters unavailable -- Writing for a unanimous court, Chief Justice Patricia Guerrero said California's chronic shortage of court reporters cannot leave litigants who cannot afford private reporters without a meaningful record for appeal.

Bloomberg Law has California High Court Eases Courtroom Recording Restrictions, noting "Roughly 70% of family law, probate, and unlimited civil hearings were being held in California without any verbatim record as of 2025, the AG’s office said in a brief opposing the anti-recording law in a separate high court case."

The Metnews has Electronic Recording May Be Ordered in Any Civil Proceeding -- Opinion Says Courts Are to Imply Exception to Government Code Section Limiting Use of Digital Capture, When Reporter Is Unavailable, to Certain Types of Cases if Indigent Party, Broadly Defined, So Requests]

Also, today's DJ has an article about the Maniago opinion (by Reed Smith's Kasey Curtis, Charles Hyun, and Andrew Workman), using a golf theme to explain the case: Laying up or going for the green? Maniago and the risks of aggressive appellate strategy.

Justice Appointments!

 

Governor Newsom announces judicial appointments

 

SACRAMENTO – Governor Gavin Newsom announced his nomination of eight Court of Appeal Justices: Justice Rashida Adams, to the Second District Court of Appeal, Division Three; Judge Denise Hippach to the Second District Court of Appeal, Division Six; David Sapp to the Third District Court of Appeal; Judge Lauri Damrell to the Third District Court of Appeal; Judge Marsha Amin to the Fourth District Court of Appeal, Division One; Judge Lisa Rodriguez to the Fourth District Court of Appeal, Division One; Judge Juliet Macaulay to the Fourth District Court of Appeal, Division Three; Judge Frederick Chung to the Sixth District Court of Appeal.

 

Second District Court of Appeal, Division Three

 

 

Rashida Adams, of Los Angeles County, has been nominated to serve as Presiding Justice in the Second District Court of Appeal, Division Three. Adams has served as an Associate Justice for the Second District Court of Appeal, Division Three since 2023. Adams served as a Judge in the Los Angeles County Superior Court from 2017 to 2023. She served as a Senior Appellate Court Attorney at the Second District Court of Appeal, Division Eight from 2008 to 2017. Adams was an Attorney at Caldwell Leslie & Proctor from 2005 to 2007. She worked as an Attorney at Bernabei & Katz from 2001 to 2005. Adams received a Juris Doctor degree from Yale Law School. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Francis Rothschild. If confirmed, she will fill the vacancy created by the retirement of Justice Lee Edmon, and Adams’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Adams is a Democrat.

 

Second District Court of Appeal, Division Six

 

 

Denise Hippach, of San Luis Obispo County, has been nominated to serve as an Associate Justice in the Second District Court of Appeal, Division Six. Hippach has served as a Judge in the Santa Barbara County Superior Court since 2022. She served as a Senior Deputy County Counsel at the Santa Barbara County Counsel’s Office from 2018 to 2022. Hippach served as a Deputy Attorney General at the Idaho Attorney General’s Office from 2015 to 2018. She served as Deputy Prosecuting Attorney at the Canyon County Prosecutor's Office from 2016 to 2018. Hippach served as a Panel Attorney at the California Court of Appeal, Court-Appointed Counsel Program from 2014 to 2018. She served as a Deputy County Counsel at the Los Angeles County Counsel’s Office from 2008 to 2014. Hippach served as a Deputy District Attorney at the Riverside County District Attorney’s Office from 2004 to 2006. Hippach received a Juris Doctor degree from the University of Southern California Gould School of Law. She fills the vacancy created by the elevation of Justice Tari Cody to Presiding Justice. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Francis Rothschild. Hippach is a Democrat.

 

Third District Court of Appeal

 

 

David Sapp, of Napa County, has been nominated to serve as an Associate Justice in the Third District Court of Appeal. Sapp has served in multiple roles at the Office of Governor Gavin Newsom including as the Legal Affairs Secretary since 2022, as the Chief Deputy Legal Affairs Secretary from 2021 to 2022, and as a Deputy Legal Affairs Secretary from 2019 to 2021. He served as Deputy Policy Director & Assistant Legal Counsel at the California State Board of Education from 2016 to 2019. Sapp worked at the American Civil Liberties Union Foundation of Southern California as Director of Education Advocacy from 2014 to 2016 and as Staff Attorney from 2009 to 2014. He served as a Law Clerk at the Ninth Circuit Court of Appeals from 2008 to 2009. He worked as a Skadden Fellow and Staff Attorney at the Advocates for Children’s Services, Legal Aid of North Carolina from 2006 to 2008. Sapp served as a Law Clerk in the U.S. District Court for the Middle District of Alabama from 2005 to 2006. Sapp received a Juris Doctor degree from Stanford Law School. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Laurie Earl. If confirmed, Sapp will fill the vacancy created by the retirement of Justice Ronald Robie after Justice Robie completes his term of office on January 4, 2027, and Sapp’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Sapp is a Democrat.

 

 

Lauri Damrell, of Sacramento County, has been nominated to serve as an Associate Justice in the Third District Court of Appeal. Damrell has served as a Judge in the Sacramento County Superior Court since 2018. She has worked as an Adjunct Professor at Lincoln Law School since 2022 and as a visiting lecturer at the University of California, Davis since 2019. Damrell worked in several roles at Orrick, Herrington & Sutcliffe including as Partner from 2016 to 2018 and as Associate from 2006 to 2016. She served as Deputy District Attorney at the Sacramento County District Attorney’s Office in 2014. Damrell served as a Law Clerk in the U.S. District Court for the Eastern District of California from 2005 to 2006. Darmrell received a Juris Doctor degree from the University of California, Davis School of Law. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Lauri Earl. If confirmed, she will fill the vacancy created by the retirement of Justice Elena J. Duarte, and Damrell’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Damrell is registered as No Party Preference.

 

Fourth District Court of Appeal, Division One

 

 

Marsha Amin, of San Diego County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division One. Amin has served as a Judge in the San Diego County Superior Court since 2023. She served as Managing Attorney at the Fourth District Court of Appeal from 2018 to 2023 and served as Senior Attorney from 2011 to 2018. She was a Litigation Attorney at Procopio, Cory, Hargreaves & Savitch from 2006 to 2010. Amin worked as a Law Clerk in the U.S. District Court for the Southern District of California from 2005 to 2006. Amin received a Juris Doctor degree from the University of San Diego School of Law. She fills the vacancy created by the death of Justice Joan Irion. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. Amin is a Democrat.

 

 

Lisa Rodriguez, of San Diego County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division One. Rodriguez has served as a Judge in the San Diego County Superior Court since 2015. She has worked as an Adjunct Professor at the University of San Diego School of Law since 2014. Rodriguez served as a Deputy District Attorney at the San Diego County District Attorney’s Office from 1998 to 2015. She served as a Deputy City Attorney at the San Diego City Attorney's Office from 1996 to 1998.  Rodriguez received a Juris Doctor degree from the University of San Diego School of Law. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. If confirmed, Rodriguez will fill the vacancy created by the retirement of Justice Terry B. O’Rourke after Justice O’Rourke completes his term of office on January 4, 2027, and Rodriguez’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Rodriguez is a Democrat.

 

Fourth District Court of Appeal, Division Three

 

 

Juliet Macaulay, of Orange County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division Three. Macaulay has served as a Judge in the Orange County Superior Court since 2022. She held various roles at the California Department of Social Services including as Chief Administrative Law Judge from 2020 to 2022, Presiding Administrative Law Judge from 2016 to 2020, and Administrative Law Judge from 2012 to 2016. Macaulay held various roles at the California Board of Parole Hearings including as a Commissioner in 2011 and a Deputy Commissioner from 2004 to 2011. She was a Sole Practitioner at the Law Offices of Juliet Macaulay from 1997 to 2004. Macaulay received a Juris Doctor degree from the University of Ibadan. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. If confirmed, she will fill the vacancy created by the elevation of Justice Joanne Motoike to Presiding Justice, and Macaulay’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Macaulay is a Democrat.

 

Sixth District Court of Appeal

 

 

Frederick Chung, of Santa Clara County, has been nominated to serve as an Associate Justice in the Sixth District Court of Appeal. Chung has served as a Judge in the Santa Clara County Superior Court since 2018. He worked as a Partner at Gibson, Dunn & Crutcher from 2003 to 2018. Chung worked as an Associate at Morrison & Foerster from 1996 to 2003. He served as a Law Clerk in the U.S. Court of Appeals for the Sixth Circuit from 1995 to 1996. Chung received a Juris Doctor degree from Harvard Law School. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Mary Greenwood. If confirmed, Chung will fill the vacancy created by the retirement of Justice Adrienne Grover after Justice Grover completes her term of office on January 4, 2027, and Chung’s appointment to a term beginning January 4, 2027 will be subject to voter confirmation during the general election scheduled for November 3, 2026. Chung is a Democrat. The compensation for each of these positions is $280,052.

FVAP opinion to issue on Monday!

On Monday, August 10, the Cal Supremes will issue the opinion in:

FAMILY VIOLENCE APPELLATE PROJECT et al. v. SUPERIOR COURT OF CONTRA COSTA COUNTY S288176 (Original proceeding) Argued in Los Angeles 6-03-26 This case presents the following issue: Does the prohibition on electronic recording of certain proceedings in Government Code section 69957, subdivision (a) violate the California Constitution when an official court reporter is unavailable and a litigant cannot afford to pay a private court reporter?

Updated LASC App Div Hearing Dates

Updated 2026 Oral Arguments Hearing Dates

The Sept.17 Appellate Division oral argument has been moved to Sept. 24, 2026. 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, located in Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court. The revised 2026 schedule is here. 

CJA hearings Aug. 6

The Commission on Judicial Appointments will hold in-person hearings in San Francisco on Thursday, August 6, 2026, beginning at 9:00 a.m. to consider appointments by Governor Gavin Newsom.
The following is the morning schedule for the Second District:

• 9:00 a.m.: Justice Tari Cody as presiding justice of the Second Appellate District, Division Six (Ventura)
• 10:00 a.m.: Judge Nicholas Daum as associate justice of the Second Appellate District, Division Four (Los Angeles)

The hearing webcast will be streamed live via the Upcoming Events link on the California Courts Newsroom.

The Commission on Judicial Appointments will hold a public hearing in San Francisco on Thursday, August 06, 2026, beginning at 12:00 p.m. to consider Governor Gavin Newsom's appointment of Judge Charles F. Adams as Associate Justice of the Sixth District Court of Appeal.

The DJ has Cody confirmed to lead 2nd District's Division 6, 3 other judges elevated to Court of Appeal -- Justice Tari Cody is the first woman to lead the Ventura-based court. 5th District Justice Sunny S. Sandhu is the first Sikh justice in California. And Justice Nicholas F. Daum dreamed of being a part of the legal profession from an early age, his mother testified.

Family Law appellate mcle program

On November 4 at noon, LACBA's Appellate and Family Law Sections will present Family Law Appeals: Initial Quick Decisions, with panelists Claudia Ribet (certified appellate and family law specialist) and Greg Ellis (certified appellate specialist) (both at CALG and both CAAL members).

A program addressing important issues in family law appeals: (1) the new Statement of Decision statute, and anticipated rules of court; (2) the collateral order doctrine, and how it functions in family law; and (3) immediate appeals in bifurcated rulings under California Rules of Court rule 5.932.

Published sanctions order

2/4 publishes an OSC order imposing $1,000 in sanctions here, which begins:

An adverse ruling is not evidence of judicial bias. And lawyers may not accuse a judge of bias without evidence. We publish this opinion as a warning to those who appear before the appellate bench. Challenges to the integrity of the hard-working, dedicated trial judges of this state must be based on evidence in the record, not the personal frustrations of counsel or parties. Members of the bar may not spew allegations of judicial bias merely because they disagree with a ruling. Counsel must not expect courts of appeal to allow such baseless outbursts.

(Watch the oral argument here (staring at 59'30"))

1st & 2d Dist. pro tem update

Judge Alexandra Robert Gordon of San Francisco Superior Court will be sitting pro tempore in First District, Division Four until September 30, 2026.

In the 2d District:

• Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through August 31, 2026
• Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through September 22, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three through October 14, 2026
• Judge Jessica Delgado of the Santa Clara County Superior Court will be sitting Pro Tem in Division Three through September 30, 2026
• Judge Nicholas Daum of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four through August 17, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through August 19, 2026
• Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through August 31, 2026

DJ monthly columns

A new month brings a new set of monthly appellatety columns in the DJ!

Retired PJ Gilbert has Why? -- A retired judge humorously reflects on everyday frustrations--from cyclists without helmets and cell phone distractions to tattoos and modern expressions--before questioning why judicial opinions have become increasingly long and difficult to understand.

Myron Moskovitz has Are AI-generated briefs persuasive? -- AI can produce well-researched and logically organized appellate briefs, but experienced appellate lawyers remain better at strategic judgment, persuasive advocacy and anticipating the human factors that can influence judicial decision-making.

AI produces briefs that are strong on logic (usually), well-researched and very thorough. But not so strong on strategic thinking and sensitivity to a judge's human emotions. And AI's writing is pedestrian. ... AI is cheap and it can provide a good starting point. But I would never file one without having an experienced appellate attorney spend a few hours reviewing it. The risk and the stakes are just too high.

And this month's Exceptionally Appealing column is Appellate Algebra Alert! about Ninth Circuit Rule 32-3 setting forth the "Page/Word Conversion Formula for Briefs and Other Documents." And you thought there'd be no math!

AI Sanctions (Illinois edition)

 Law360 reports Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit

• A unanimous Illinois appeals court sanctioned an attorney representing a former Starbucks employee in a workplace discrimination suit after determining that he submitted briefs using false citations and quotations hallucinated by artificial intelligence software.
• $15,000 fine within 30 days of the opinion's filing for the 10 false citations included in his documents.
• "AI-hallucinated citations are an increasingly persistent problem in courts nationwide," the panel said. "This indicates that the fines courts are imposing are not enough to deter improper AI use among attorneys. In fact, the prospect of sanctions in this case did not deter attorney Cole from submitting outdated statutory citations and disobeying this court's order to include pin cites in his response. Courts have no choice but to increase fines for AI-hallucinated citations until those fines have a significant deterrent effect."
• The panel added that it was considering additional nonmonetary sanctions, such as ordering Cole to provide a copy of the opinion to every judge working a case he participates in and a requirement to take continuing legal education classes related to proper AI usage.

Appellate tidbits

Bloomberg Law has Trump Picks Flex Rising Influence on Largest US Appeals Court -- Trump has appointed 11 judges on the 29-seat Ninth Circuit. His picks have had an outsized voice although liberals still hold a narrow majority.

Law.com has What Was Behind the Circuits' SCOTUS Reversal Rates This Term?

The DJ has Rethinking application of the disentitlement doctrine in cases involving domestic violence (by H&L's Melissa Whalen and Sarah Fiskin) -- As California courts increasingly apply the disentitlement doctrine to family law disputes, it should never be used to strip domestic violence victims of restraining order protections simply because they failed to pay court-ordered attorney fees to their abuser.

The DJ's July 2026 monthly Discipline Report reports on the May 15 disbarment of John Charles Eastman and the May 29 suspension of Joseph Lawrence Dunn.

Bonding article

Who can resist reading an article titled Hybrid Collateral Approaches to Obtaining an Appeal Bond? Thanks to CSBA for sharing their wisdom!

RIP J.K. Brown

Every California appellate lawyer knows Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233. The DJ has John Kenneth Brown 1935 - 2026 -- Argued a landmark decision that reshaped California writ practice.

J. Kenneth Brown, a founding partner of Brown, Winfield & Canzoneri whose name became synonymous with a landmark California Supreme Court decision that reshaped California writ practice, died June 15 after a legal career that spanned nearly six decades in municipal law. He was 91.

Brown co-founded Brown, Winfield & Canzoneri in 1974 and practiced there for 35 years.

Regarding Palma notices, the article explains:

Chief Justice Ronald M. George, writing for the majority, upheld the Court of Appeal's use of the suggestive Palma notice, concluding that California law does not prohibit the procedure because it "in no sense commands or obligates the trial court" and "is more analogous to a tentative ruling."

The court explained that the procedure preserves the appellate court's options. If the trial court declines to follow the tentative view, the Court of Appeal may summarily deny the petition, issue a peremptory writ or issue an alternative writ followed by briefing and oral argument.

6th DCA window closure on Aug. 5

Court Closure Announcement - 8/5/26 -- The Clerk’s Office window will be closed on Wednesday, August 05, 2026, from 10:30 AM PST to 2:00 PM PST. The drop box on the 10th floor, next to the Clerk’s Office at 333 West Santa Clara Street, San Jose, CA, will be available for the public to drop off documents.

Goldstein sentenced

Bloomberg Law has Goldstein, 44-Time Supreme Court Lawyer, Sentenced to Six Years

Prodigious US Supreme Court lawyer and SCOTUSblog co-founder Tom Goldstein was sentenced to six years in prison on Friday following his convictions on federal tax and mortgage fraud charges early this year.

US District Judge Lydia Kay Griggsby also ordered him to pay $3.1 million in restitution and be on supervised release for five years after completion of his prison term.