LACBA ACS Holiday Mixer 12/7

"An evening of good company and seasonal cheer to close out the year!" The LA County Bar Appellate Courts Section 2026 Holiday Mixer will be Dec. 7. Details & registration here.

Be sure to vote!

The Recorder has 'I Have No Idea:' A Ballot Crowded With Justices Leaves Voters With Lots of Questions -- Gov. Gavin Newsom's binge of appointments to the courts of appeal has created ballots filled with judicial candidates often unknown to voters.

• The sheer number of names has crowded ballots and voting materials. Los Angeles County voters alone will see the names of 18 courts of appeal justices, two Supreme Court justices—Joshua Groban and Kelli Evans—and eight candidates vying in runoffs for four superior court seats.
• State voters have been asked to retain a combined 62 courts of appeal justices across six districts. That’s the highest number in the last five general elections, and it means the future of 58% of intermediate court seats in California are in voters’ hands this year.
• Californians do not elect their appellate justices, leaving the task to the governor and the almost always approving Commission on Judicial Appointments.
• Newly appointed justices appear uncontested on the next gubernatorial election ballot and then again when their offices’ 12-year terms expire.
• Newsom has gone on a judicial-appointing binge during his last year in office. Just this year, the governor has filled 17 court of appeal vacancies. Some of the justices on the ballot have been on the bench for only a matter of months. Some have yet to take the bench as they wait for the current officeholders to retire in January.
• No California mid-level court of appeal justice has lost a retention election since the process started in 1934, according to the state’s Assembly Elections Committee.

Bloomberg Law has Exercise Your Constitutional Rights to Protect the Rule of Law by 61 former federal judges (of Keep Our Republic’s Article III Coalition):

We encourage all citizens to exercise their constitutional right to vote this Election Day and to elect candidates who will fulfill their role as a check on the other branches of government. We urge Americans to contact their representative in Congress and their two senators, strongly encouraging them to apply the Constitution’s existing safeguards and where appropriate to erect new statutory ones.

There may well be an approaching tipping point beyond which it is too late. The time for citizens to speak up and act is now.

retired J.Sanchez to JAMS

 

Hon. Maurice Sanchez joined JAMS as a neutral in Orange County.
Sanchez brings more than 40 years of legal experience to JAMS as a civil litigator, corporate counsel, trial judge and appellate justice. Having served as an advocate, client representative and judicial decision-maker, he offers parties a practical understanding of litigation risk, legal strategy and the business realities that often drive settlement decisions and case outcomes. Justice Sanchez served on the California Superior Court before his appointment to the California Court of Appeal in 2022. As an appellate justice, he authored published and unpublished opinions addressing complex civil, commercial and public law matters. His experience on both the trial and appellate courts provides him with a unique perspective on the strengths, weaknesses and risks that shape disputes at every stage of litigation. Before taking the bench, Justice Sanchez spent three decades in large and midsize law firms, primarily as a partner handling business and commercial disputes.

CJA hearings for Goldman & Hofmann 11/16 @ 2 p.m.

The Commission on Judicial Appointments will hold in-person hearings in San Francisco on November 16, starting at 2:00pm, to consider the appointments of Brian Goldman and Adam Hofmann to the Court of Appeal, First Appellate District. Details here.

1st District pro temp update / J.M.Miller retires

These current judicial officers are assigned to temporarily fill judicial vacancies at the First District:

• Judge Alexandra Robert Gordon, of San Francisco Superior Court, will be sitting pro tempore in Division Four until November 30, 2026.
• Justice Marla J. Miller (retired) of the First District Court of Appeal, will be sitting pro tempore in Division Two until December 2, 2026.
• Judge Andrew E. Sweet, of Marin County Superior Court, will be sitting pro tempore in Division Two until December 4, 2026.

Yes, that means, in case you missed it, Marla J. Miller was a judge for Division 2 of the First District (assuming office in 2014) who retired on October 2, 2026.

Another retirement you may have missed: Justice Rosendo Pena retired from the Fifth District back in June.

"AI have a question, counsel..."

Law.com has Reading the Bench: How Appellate Lawyers Are Using AI in Oral Argument Prep -- Appellate lawyers are using AI to study judges’ questioning styles, test answers and sharpen their oral argument prep. But they’re not ready to trade human moot courts for a chatbot.

Law.com also has A Law Professor Reflects on 54 Years of Arguing Before the Supreme Court -- In an interview with Law.com, law professor Eric Schnapper reflects on a 54-year Supreme Court advocacy career as he prepares for his 25th high court appearance Monday.

He calls himself the "last attorney standing to argue before Justice William O. Douglas," who was appointed by President Franklin Delano Roosevelt in 1939 and retired in 1975. Eighty-four-year-old law professor Eric Schnapper will argue at the U.S. Supreme Court for the 25th time on Monday, his latest appearance in a 54-year high court career.

THE Appellate social event of the year?

The DJ covers Wednesday's CSCHS event at the California Club in Retired justices reflect on the balance between personal beliefs and judicial duty -- Former California Supreme Court Justice Martin J. Jenkins and retired appellate Justice Arthur Gilbert discussed judicial independence, legal interpretation and the importance of consensus at the California Supreme Court Historical Society's annual dinner.

This event appears to be the hands-down winner for "appellate bash of the year," in which Justice Groban interviewed retired Justices Jenkins and Gilbert. Appellate justices from the Supreme Court and all corners of the state attended (listing them all would essentially be listing dozens and dozens), and the appellate bar was well-represented, of course. If you're reading this blog and missed this event ... well, maybe you'll come next year?!

3 more election profiles: Goorvitch, Sapp, Bermudez

The DJ presents 3 more appellate justice election profiles:

Goorvitch brings writs, criminal, regulatory experience to appellate bench -- Justice Stephen I. Goorvitch, seeking an eight-year term on the 2nd District Court of Appeal, brings experience deciding environmental writs, criminal cases and disputes over government regulatory authority.

A graduate of UC Berkeley's Boalt Hall School of Law, Goorvitch began his career as a staff attorney in the Securities and Exchange Commission's Division of Enforcement. He clerked for federal trial and appellate judges before joining O'Melveny & Myers LLP.

Newsom's legal chief, never a judge, seeks 12-year justice term -- David B. Sapp, Gov. Gavin Newsom's legal affairs secretary who helped lead California's National Guard lawsuit against President Donald Trump, seeks a 12-year 3rd District term despite never having been a judge.

As Gov. Gavin Newsom's legal affairs secretary, Sapp worked with the attorney general's office on every phase of Newsom v. Trump (2025), from gathering evidence and briefing to trial preparation and appeals, he wrote in his application for a seat on the 3rd District Court of Appeal in Sacramento. Sapp has never been a judge or argued in an appellate court and has tried four civil cases, all bench trials or writ proceedings.

Bermudez brings access-to-justice focus from Imperial County bench

Before becoming a judge, she spent about a decade representing school districts and public agencies, first as an associate at Best Best & Krieger LLP and then as a partner at Garcia Hernández Sawhney & Bermudez LLP, handling education, labor, employment and public agency matters. She worked for two years as a complaint resolution officer in UC San Diego's Office for the Prevention of Harassment and Discrimination. The youngest of five children of parents who immigrated from Mexico, Bermudez grew up in the Imperial Valley. She and her two older sisters all became lawyers. Nadia Bermudez, is now with Meyers Nave in San Diego. The eldest, federal Judge Ruth Bermudez Montenegro, administered her Superior Court oath in 2018.

4th District new Clerk/XO is Janet Gamboa

Administrative Presiding Justice McConnell Announces Appointment of Janet A. Gamboa as Clerk/Executive Officer

APJ McConnell yesterday announced the appointment of Janet A. Gamboa as Clerk/Executive Officer of the Fourth Appellate District.

Over the past 20 years, Gamboa has served in various positions within the Court of Appeal, Fourth Appellate District, Division Three, building a strong record of achievement and developing extensive knowledge of appellate court operations. For the past seven years, she has served as assistant clerk/executive officer, working alongside Presiding Justice Joanne Motoike and former Presiding Justice Kathleen E. O’Leary.

4 more election profiles: Chung, Sandhu, L.Rodriguez, Macaulay

The DJ continues its series of appellate justice profiles before the Nov. 3 election:

Chung brings trial court record to 6th District election -- Santa Clara County Judge Frederick S. Chung seeks a 12-year appellate term after rulings involving a mass shooting, religious accommodations and statutory interpretation.

Before taking the bench, Chung was an intellectual property litigator, representing clients such as Fitbit, T-Mobile and AT&T. He worked at Morrison & Foerster LLP and Gibson, Dunn & Crutcher LLP, spending his final year largely advising Facebook on data privacy. He handled 70 to 80 pro bono cases.

New 5th District Justice Sandhu built treatment courts, school outreach -- Justice Sonny S. Sandhu, a former Stanislaus County public defender and presiding judge, joined the 5th District Court of Appeal in August and is on the Nov. 3 ballot.

Before Gov. Jerry Brown appointed him to the bench in October 2018, Sandhu spent 15 years in the Stanislaus County public defender's office, rising to Public Defender. He helped establish the county's Veterans Treatment Court, and the office added social workers .... On the Superior Court, Sandhu handled criminal and civil matters and became presiding judge in January 2025. He worked with the court's self-help center, the county law library and the county bar association to expand resources for civil litigants representing themselves.

Rodriguez's path to 4th District spans prosecution and rehabilitation courts -- San Diego County Superior Court Judge Lisa R. Rodriguez, confirmed in August to the 4th District Court of Appeal, Division 1, would take her seat Jan. 4 if voters approve.

A graduate of the University of San Diego School of Law, Rodriguez teaches its Evidence Advocacy Lab as an adjunct professor. Before taking the bench, she spent two years as a San Diego deputy city attorney and 17 years in the district attorney's office, where she became chief of its collaborative courts division.

Macaulay's jury selection ruling tested California's jury strike law -- Justice Juliet O. Macaulay is seeking a 12-year term on the 4th District division that reviewed her jury selection ruling under California's law against discriminatory jury strikes in a published opinion.

Born in Nigeria, Macaulay earned her law degree from the University of Ibadan and practiced civil and corporate law before immigrating with her family to the United States through the diversity visa lottery in 1995. After passing the California bar in 1997, she opened a solo practice handling civil, family, immigration and criminal cases.

Quartet of Election Profiles: Guerra, Adams, Servino, Daum

The DJ's latest batch of appellate justice election profiles:

From restaurant critic to appellate justice, Guerra values people's stories -- Justice Amy K. Guerra, a former defense attorney and family law judge, seeks retention on the 5th District after writing two published opinions, one already followed by another appellate court.

Guerra graduated from San Joaquin College of Law. She defended homicide cases at Fresno County's Alternate Defense Office, becoming chief defense attorney in 2014. Gov. Jerry Brown appointed her in 2018 to the Fresno County Superior Court, where she handled family law, felony domestic violence and trials, and supervised collaborative courts.

Adams brings a habit of listening and explaining to 6th District -- A former family law research attorney and federal law clerk, Justice Charles F. Adams presided over CARE Court before joining the appellate bench in August.

After graduating from Pepperdine University School of Law, Adams practiced family law before becoming a Santa Clara County Superior Court research attorney in 2006. He later spent seven years clerking for U.S. District Judge Edward J. Davila.

Justice seeking retention called a judicial 'Swiss-Army knife' -- Justice Deborah C. Servino, a former deputy attorney general who argued before the U.S. Supreme Court and conducted more than 180 civil trials, seeks retention on the 4th District.

Before joining the bench, Justice Deborah C. Servino argued a Miranda case before the U.S. Supreme Court and won a 5-4 ruling for California.
... Her appellate career began after graduating from UC Berkeley School of Law, when she clerked for 9th U.S. Circuit Court of Appeals Judge Melvin T. Brunetti. After a year at Rutan & Tucker LLP, she joined the California attorney general's office to handle criminal appeals. ... Servino was lead counsel in more than 150 California Court of Appeal cases and argued before the California Supreme Court.

Daum brings a historian's eye and a litigator's range to the 2nd District -- Justice Nicholas F. Daum, a former entertainment litigator and trial judge, seeks retention on the 2nd District after writing rulings addressing the constitutional rights, employment disputes, arbitration and housing law.

Before the bench, Daum spent nearly two decades as a civil litigator. After graduating from Yale Law School, he clerked for 9th U.S. Circuit Court of Appeals Judge Raymond C. Fisher, whom he called "a mentor and idol." He spent 13 years at Kendall Brill & Kelly LLP, where he became a partner and helped lead the entertainment and media practice and did pro bono voting rights work. ... Off the bench, Daum chairs the board of the Western Justice Center, "an organization that promotes effective and peaceful conflict resolution techniques in schools throughout LA County," he wrote.

Next triad of election profiles: Castillo, Rubin, Harrell

The DJ's next tranche of appellate election profiles:

Former Marine and federal prosecutor seeks four-year term on 4th District -- Justice Jose S. Castillo, a former Marine and federal prosecutor, has written on sports instructor liability, Privette, whistleblowers and restraining orders since joining the 4th District Court of Appeal in 2023.

Rubin upholds murder conviction after victim's family ends life support -- Justice David M. Rubin, a prosecutor for two decades and a San Diego trial judge for 16 years, joined the 4th District Court of Appeal in 2023.

After 200 trials, Harrell weighs evidence from appellate bench -- Former Fresno presiding judge Arlan Harrell brings experience from more than 200 trials to the 5th District Court of Appeal, where his first published opinion addressed disputed breath-test evidence.

The DJ also has California Supreme Court names 2 judges to ethics panel -- Judges Michael B. Harper and Patricia L. Kelly will join the 12-member committee, while appellate Justice Shama Hakim Mesiwala was reappointed to another four-year term on the Committee on Judicial Ethics Opinions.

More election profiles: Do, Kelety, DeSantos

Monday's DJ has three more election profiles:

Do's warning in impaired-driving murder case shapes later ruling -- Justice Truc Do's concurrence in an impaired-driving murder case influenced a later appellate ruling. The former homicide prosecutor and judge seeks a 12-year term on the 4th District Court of Appeal.

Kelety's criminal rulings demand proof beyond defendants' violent pasts -- Justice Julia C. Kelety, a former probate judge seeking retention Nov. 3, has questioned evidence and jury instructions in murder, attempted murder and sexual abuse cases.

From Kings County farm fields to the 5th District bench -- Justice Thomas DeSantos, a former Kings County lawyer and judge, draws on decades of courtroom experience in appellate rulings involving farm labor, whistleblower protections and medical staffing as he seeks retention.

election profile trio: Dato, Meehan, Lee

Today's trio of DJ election profiles:

Dato warned lawyers against courtroom fights and stretching facts -- Justice William S. Dato, who has worked at every level of California's courts, brings an appellate specialist's approach to judging. The 4th District justice seeks a 12-year term Nov. 3.

Meehan's reasoning finds its way into high court rulings, state law -- Justice Kathleen Meehan's opinions on plea agreements and transgender privacy influenced California Supreme Court decisions and legislation. The Fresno native, on the 5th District since 2017, faces voters Nov. 3.

Supreme Court ruling bolsters new justice's earlier dissents -- Justice Corey G. Lee seeks retention after less than a year on the 4th District. Two earlier dissents she wrote gained support from a subsequent California Supreme Court ruling.

3 more election profiles: Scherb, Snauffer, Gooding

The DJ next features:

New appellate justice's DoorDash ruling divides 2nd District panel -- Justice Matthew A. Scherb, appointed to the 2nd District less than a year ago, wrote a divided DoorDash arbitration ruling and opinions on partnership liability and sentencing before facing voters Nov. 3.

Before joining the court, Scherb practiced copyright and trademark litigation at Winston & Strawn LLP in San Francisco. He was an appellate attorney to 1st District Justice Kathleen M. Banke from 2011 to 2017, then in the Los Angeles City Attorney's civil appeals section until 2021, volunteering at Public Counsel's Appellate Clinic for Self-Represented Litigants. He was a chambers attorney to state Supreme Court Justice Martin J. Jenkins from 2021 until his appointment. Banke told the appointments commission they sometimes started down one road until Scherb suggested a rethink. "Usually I agreed, and we'd switch gears," she said. A Yale computer science graduate, Scherb earned his law degree from Northwestern University School of Law. At his confirmation hearing, Scherb said: "It's not our role at the court to act on our policy preferences. Our role is to act on the law as written by the Legislature and as interpreted by the California Supreme Court, the United States Supreme Court."Supreme Court weighs Snauffer's ruling on Kern River water rights -- Justice Mark W. Snauffer's Kern River ruling is before the California Supreme Court. The 5th District justice also upheld a voter-approved Fresno tax and seeks retention Nov. 3.

Supreme Court weighs Snauffer's ruling on Kern River water rights -- Justice Mark W. Snauffer's Kern River ruling is before the California Supreme Court. The 5th District justice also upheld a voter-approved Fresno tax and seeks retention Nov. 3.

Gooding: Seriousness of old crime can't block rehabilitation certificate -- Justice Martha K. Gooding, a former senior litigator, has ruled on rehabilitation, speedy trials and trade secrets. The state Supreme Court reversed one decision. She faces voters Nov. 3.

Original Jurisdiction has ‘Lawyer’ Vs. ‘Attorney’: Is This A Thing? in which David Lat combed through decades-old dictionaries and case law—and interviewed Bryan Garner, the longtime editor of Black's Law Dictionary—to find out.

And 3 more election profiles: Danner, Raphael, Boulware Eurie

The DJ parade of election profiles of appellate justices continues:

Danner's opinions shape high court decisions as she trains new justices -- Justice Allison Danner, who trains new appellate justices, and whose rulings the state Supreme Court has drawn on or upheld in cases on police searches, murder resentencing and pension bonds. She seeks retention Nov. 3.

Supreme Court sided with Justice Raphael in 3 cases -- 4th District Justice Michael J. Raphael, seeking a 12-year term Nov. 3, wrote a dissent, concurrence and majority opinion whose positions were subsequently upheld by the California Supreme Court.

From juvenile court to water law, Boulware Eurie expands her reach -- Justice Stacy Boulware Eurie has expanded into water and environmental law while maintaining her commitment to child welfare and judicial education. She seeks a 12-year term on Nov. 3.

3 more election profiles: Feinberg, Hanasono, Tamzarian

The DJ's rollout of appellate justice election profiles continues with:

Feinberg brings exacting approach to writing and interpreting the law -- Justice Aimee Feinberg, a former California deputy solicitor general who argued before the U.S. Supreme Court, seeks retention Nov. 3.

Justice Hanasono stresses clear, accessible opinions -- Justice Mark Hanasono, whose family's World War II internment history inspired his legal career, brings experience as a public defender and trial judge to the 2nd District Court of Appeal.

"Every opinion we write is an opportunity to explain -- not just decide," Hanasono said in an email about appellate work. "If our rulings aren't clear or accessible, they're not useful."

Tamzarian brings trial judge's eye for fairness to 2nd District -- Justice Armen Tamzarian, a former Los Angeles trial judge, has written opinions on workplace harassment, electronic privacy and long-term leases. His experiences with litigants shaped his approach to judicial fairness.

"When I left my law firm and started here at the Court of Appeal, the clouds parted for me," he said at his confirmation hearing. "I learned something about myself: I love the law. I don't necessarily like being an advocate. I'm much better suited to be a neutral." Earlier, he was a partner at Case, Knowlson, Jordan & Wright LLP, handling business litigation and constitutional challenges to government regulations. Born in Kuwait, Tamzarian came to the United States from Lebanon as a boy. He worked as an insurance claims adjuster before graduating from Southwestern Law School in 1995.

The DJ also has California courts face growing judge shortage as caseloads become more complex -- A Judicial Council study found California needs 231 additional judgeships across 22 counties, more than double the shortfall identified in 2022, as increasingly complex cases and new legal requirements strain the courts.

Big change coming for CA appellate records!

On Friday, October 16, the Judicial Council approved numerous proposals affecting appellate practice, including proposal 26-115 requiring the use of appendixes in (most) civil appeals. This rule, effective Jan. 1, 2027, will drastically reduce the use of Clerk's Transcripts as the record on appeal and so presumably will increase speed and efficiency in the appellate process.

#tombstone#CT#RIP

Today's DJ also has Myron Moskovitz's column Working, Part 7: The reply brief -- A powerful appellate reply brief turns opposing counsel's arguments against them, delivers the final word and gives the court compelling reasons to reverse.

2 more election profiles: Bromberg, Delaney

More DJ election profiles:

Bromberg brought 3 decades of appellate advocacy to 6th District court -- Justice Daniel H. Bromberg's MICRA dissent won unanimous agreement from the California Supreme Court. A former appellate specialist and Newsom administration lawyer, he seeks a 12-year retention term Nov. 3.

Before Bromberg joined the appellate court, the Harvard Law School graduate spent three decades as an appellate specialist and had never been a judge. ... At Jones Day, where he worked 11 years, Bromberg wrote several dozen U.S. Supreme Court briefs and successfully argued Cortez Byrd Chips Inc. v. Bill Harbert Construction Co. (2000). In 2005, he helped former Stanford Law School Dean Kathleen Sullivan establish an appellate practice at Quinn Emanuel Urquhart & Sullivan. They represented USC in Sargon Enterprises Inc. v. University of Southern California (2012), a leading California Supreme Court decision requiring trial judges to exclude speculative or unreliable expert testimony. ... Newsom appointed Bromberg deputy legal affairs secretary in 2019, overseeing litigation against the Trump administration. ... Bromberg left the administration in 2021 to lead Pillsbury Winthrop Shaw Pittman LLP's national appellate practice. He also was founding director of UC Law San Francisco's California Appellate Advocacy Program and taught California constitutional law at Berkeley Law.

Delaney's opinions draw lines on privilege, debt collection and civility -- Justice Thomas A. Delaney has written appellate opinions on privileged emails, debt collection and lawyer civility. A former Orange County trial judge, he seeks a four-year retention term Nov. 3.

The Orange County chapter of the American Board of Trial Advocates gave Delaney its civility award in 2019. A 1992 Loyola Law School graduate, Delaney spent more than two decades in civil litigation, defending product liability and mass tort cases and organizations sued over sexual abuse. ... He was the California Judges Association president in 2020-21.

Election profiles: Langhorne Wilson, Scott

The DJ's latest pair of election profiles:

Langhorne Wilson's appellate rulings draw on years as trial judge -- Justice Monique Langhorne Wilson, a former Napa County trial judge, has written opinions on murder resentencing, whistleblower retaliation and alleged coaching abuse. She seeks retention on Nov. 3.

Scott's sanctions opinion warns lawyers they are 'not mere mouthpieces' -- Justice Nathan R. Scott of the 4th District, Division 3, who co-chairs the Orange County Bar Association's civility task force, sanctioned a lawyer $25,000 for baseless accusations against a trial judge. He seeks retention Nov. 3.