¡Hasta luego!

If the inestimable appellate blogger Howard Bashman of http://www.howappealing.com/ can take a break from blogging, then so can I, I guess.  I'll catch up with you Sep. 1.

Appellate Lawyers to Join to Family!

4/3 Justice Sheila Prell Sonenshine (ret., at left) and OC appellate lawyer Marjorie G. Fuller will review important family law appellate decisions at a joint meeting of the OCBA Appellate and Family Law sections. 

This is an exciting opportunity to expand your network, stay current on family law trends in the appellate courts, and hear two terrific speakers.

The event is Wed., Aug. 25, at The Villa, 510 E. Katella Ave, in the City of Orange.  You can register online at ocbar.org.

Welcome Justice Mauro!

The Governor has nominated Sacramento County Superior Court Judge Louis R. Mauro to the 3rd DCA.

According to the press release:

Judge Mauro "served as chief deputy legal affairs secretary for the Office of Governor Arnold Schwarzenegger from 2006 to 2009.  Mauro worked for the California Attorney General’s Office from 1994 to 2006, where he served as a senior assistant attorney general, supervising deputy attorney general and deputy attorney general.  He was an associate for Boutin Gibson Law Firm from 1993 to 1994 and for Gibson, Dunn & Crutcher from 1988 to 1993.  Mauro was a staff attorney for the California Supreme Court from 1987 to 1988."

A former research attorney!  You gotta like that.

Welcome Justice Codrington!

The Governor has nominated Riverside County Superior Court Judge Carol D. Codrington to the 4/2 DCA.

Before taking the bench, Codrington "was a sole practitioner from 2004 to 2006 and an associate general counsel for the Los Angeles Unified School District from 2001 to 2004. Codrington worked as a deputy city attorney for the Los Angeles City Attorney’s Office from 1999 to 2001, and she was a director for the Western Law Center for Disability Rights from 1997 to 2000. She was an associate, then partner for Mallory and Brown-Curtis from 1989 to 1997 and an associate for Burke, Robinson and Pearman from 1986 to 1989."

A profile in the Press-Enterprise says "Her journey to the bench sounds like the quintessential American success story.  [P]  Codrington's family came to the United States from Belize to get medical treatment for her oldest brother, who had polio, she said.  They became citizens and she was born into a family with five siblings who made South Los Angeles their home."

The article continues, "In May 2006, she became the first black woman in Riverside County history to be hired by other judges as a county court commissioner."  "'I see her being one of our superstars,' [Supervising Judge Sherrill] Ellsworth said of Codrington. 'She had a real command of the law and calendar management.'"

Welcome New PJ!

Justice Brad Hill -- who was on our CJ short list -- has been nominated to succeed James Ardaiz as the Presiding Justice of the 5th DCA.  This still leaves a vacancy on that court for the Governor to fill.

Another Appellate Gig

If you don't get the nod for one of the two 4/3 research attorney slots, there's another government appellate lawyer opening . . . but there seems to be no hurry to fill the position.

(h/t How Appealing)

Seriously . . . Join the 4/3

In addition to the vacancy in Justice Bedsworth's chambers, we've learned that Justice Richard Aronson (left) will also be hiring a research attorney.  Details will follow.

Solicitors General

Watch a panel discussion at the ABA's webiste of the following Solicitors General -- those brave souls who took to court in morning coats:

Edwin Kneedler

Acting U.S. Solicitor General 2009
Gregory Garre
U.S. Solicitor General 2008-2009

Drew Days III
U.S. Solicitor General 1993-1996

Kenneth Starr
U.S. Solicitor General 1989-1993
Charles Fried
U.S. Solicitor General 1985-1989

(h/t How Appealing)

Welcome Justice Detjen!

The Commission on Judicial Appointments unanimously confirmed Madera Superior Court Judge Jennifer R.S. Detjen as the newest 5 DCA justice, reports the Met News.

The paper notes the Governor is expected to make another appointment to the 5 DCA before Sept. 16 to replace PJ Ardaiz, who has announced his retirement.

Welcome Justice Kagan!

Courtesy of the BLT:

"Elena Kagan is on the verge of becoming the 112th justice of the U.S. Supreme Court, after three months of sparring over her legal experience and where she falls on the ideological spectrum.  Senators voted 63-37 on Thursday to confirm Kagan. 

"All Democrats but one voted for her, while all Republicans but five opposed her — a reflection of both Kagan’s record and the sharply partisan climate in Congress.

"Kagan is scheduled to be sworn in at the Supreme Court on Saturday so that she can begin her new job quickly.  A larger swearing-in ceremony and celebration may be scheduled for a later date."  (Emphasis added.)

Speaking of the 4/3 . . . Let's Celebrate!

OCBA Appellate Law section members will be emailed an exclusive invitation to the section's Court Appreciation Reception at the 4/3. 


The reception will give section members a chance to meet and chat with court staff including the justices and their judicial assistants, court clerks, IT and library and security and maintenance staff, and even some of us research attorneys.

We'll be having a casual lunch of pizza and salad on the courthouse patio on Tuesday, August 17, from 12 to 1 p.m.  The cost is just $15 and -- again -- the event is restricted to OCBA Appellate Law section members.  So join!

PLEASE DO NOT RSVP TO ME.  I'm powerless here, as usual. 

Register online at http://www.ocbar.org/.  Or fax the invitation/RSVP, which you will receive via section-wide email, to 949.440.6710.

Join the 4/3 -- Part 2

The 4/3 is also looking for an "Appellate Court Records Assistant" to "perform[] a full range of activities associated with records organization and maintenance."  Again, this is a great place to work. 

You can download an application at http://www.courtinfo.ca.gov/careers/jobapp.pdf

Join the 4/3!

Justice William Bedsworth is looking for an attorney to succeed, but not replace, my colleague and friend Joel Eichengrun. 

Court of Appeal research attorney was described to me as the best job in the legal profession.  I can tell you from personal experience that's about right -- especially here at the 4/3.  The people are fantastic, the work is interesting and challenging, the hours are good, and the pay and job security . . . are ok too.

Think you've got what it takes?

Desirable qualifications include:  "Additional experience in excess of the minimum qualifications in the practice of law, with at least four years as a judicial staff attorney, appellate practitioner, or comparable position emphasizing legal writing and analysis, and experience in exercising adjudicatory (as opposed to solely advocacy) skills.  Exceptional research, analytical and writing skills; broad and practical knowledge of the law; familiarity with appellate practice; mature and sound judgment; and ability to work both independently and cooperatively with other members of the court staff.  Ability to discuss issues thoroughly while welcoming supervision and editing of one’s work product."

In addition to completing the standard application, candidates must answer the following question: 

"The position of appellate court attorney involves drafting legal memoranda and assisting the court in researching and drafting appellate opinions in a wide variety of matters. Extensive independent research, analysis and writing on complex legal issues are required. Please describe, in some detail, the relevant experience you have had in performing comparable work and indicate why you believe your experience and skills qualify you for the position. Also, please explain why you are interested in this position."

Pick up an application at the 4/3 or email teresa.hart@jud.ca.gov.

Biljac-ked!

The California Supreme Court just decided Reid v. Google.  On page 23, footnote 8, are the words some lawyers have waited years to read:

"We disapprove Biljac Associates v. First Interstate Bank, supra, 218 Cal.App.3d 1410, 1419, 1424, to the extent it permits the trial court to avoid ruling on specific evidentiary objections."

This is now the law on summary judgment objections:

"[W]ritten evidentiary objections made before the hearing, as well as oral objections made at the hearing are deemed made 'at the hearing' . . . so that either method of objection avoids waiver.  The trial court must rule expressly on those objections.  [Citation.]  If the trial court fails to rule, the objections are preserved on appeal."

And what of lawyers who swamp the court with wave upon wave of objections?

"[W]e encourage parties to raise only meritorious objections to items of evidence that are legitimately in dispute and pertinent to the disposition of the summary judgment motion.  In other words, litigants should focus on the objections that really count.  Otherwise, they may face informal reprimands or formal sanctions for engaging in abusive practice."

Upshot:  Lawyers no longer must cajole a court invoking Biljac into ruling on SJ objections.  But they now face sanctions for piling on baseless SJ objections.

Watch the CJ Confirmation Hearing

The California Channel will broadcast the Aug. 25 hearing of the Commission on Judicial Appointments to consider the Governor’s nomination of Justice Tani Cantil-Sakauye as Chief Justice, announced the AOC today.  The hearing starts at 11 a.m.

Those planning to be in SF that day may (1) contact Lynn Holton at mailto:lynn.holton@jud.ca.gov.to request seating in the California Supreme Court Courtroom, Earl Warren Building, Fourth Floor, 350 McAllister Street, San Francisco, or (2) sit in the overflow viewing room at the Milton Marks Conference Center, Hiram W. Johnson State Office Building, 455 Golden Gate Avenue, San Francisco.

Welcome "At the Lectern"

Horvitz & Levy's Brad Pauley (left) and Curt Cutting (below) have started a new blog:  At the Lectern, which offers "[n]ews and commentary on the practice of law before the California Supreme Court" -- including weekly summaries of the court's actions on petitions for review.

They also recent posts on how to associate as counsel, how to use amici to help your petition for review, and how long the court takes to decide cases.  They also have coverage on the new CJ, including tips on properly pronouncing her name (although I hear "sah-kah-OO-ay" -- no "w" on the last syllable -- more than "sah-kah-OO-way").

Flip, Flop, the Flippiety Flop, and You Can't Stop

One of my favorite case snippets, which I shoehorn into as many things as possible, is this: 

"A litigant cannot be permitted to blow hot and cold in this manner.”

(A & M Records, Inc. v. Heilman (1977) 75 Cal.App.3d 554, 566.)

While a litigant may be so precluded, this rule apparently does not apply to a quarterback.

Gary Watt Joins Archer Norris

Appellate lawyer and Hastings Appellate Project director Gary Watt is joining Archer Norris as a partner in its Walnut Creek office, where he will handle appeals, advise litigators, and join  Ric Blumhardt in maintaining the California Appellate Law Blog.

Clerkship to Court

Elena Kagan is poised to cap off her legal career at the U.S. Supreme Court.  That's also where she started it:  as a clerk for Justice Marshall.

I thought a Supreme Court clerkship was a typical, if not uniform, qualification for a Supreme Court justice.

Turns out, Kagan would be only the sixth person to go from clerkship to the court, according to Warren Richey at the CSM.

Want to have some fun on a Monday morning?  Try to name the other five before you click on the link.  You won't have to delve back too far into history -- the first former clerk to join the court completed his clerkship in 1946-1947.