Today's DJ and Recorder are chock-full of appellate goodness:
- 4/3's Justice Eileen Moore presents Sexual Trauma in the Military
- H&L's Kirk Jenkins offers How Have Brown's Appointees Changed the Supreme Court? (Part 2 of his series on the new justices. This piece considers Justice Leondra Kruger)
- Hanson Bridgett's Gary Watt offers Attorney fees are costs in trial court but not on appeal, about Stratton v. Beck (2d Dist. Div. 4).
- The Recorder's On Appeals column features CALG's Sharon Baumgold's Bring some 'Omaha' Oomph to Your Appellate Writ Petition.
As Justice
Gilbert explained [in Omaha], writ relief is warranted when: (1) the issue is of
widespread interest or presents a significant and novel constitutional issue;
(2) the ruling deprived petitioner of the opportunity to present a substantial
portion of petitioner’s cause of action; (3) conflicting trial court
interpretations of the law require a resolution of the conflict; (4) the trial
court’s order is both clearly erroneous as a matter of law and substantially
prejudices petitioner’s case; (5) petitioner lacks an adequate means, such as a
direct appeal, by which to attain relief; and (6) the petitioner will suffer
harm or prejudice that cannot be corrected on appeal.
- In more fun news, the State Bar is proposing a 30% fee hike to balance its budget. (And don't forget to get fingerprinted!)
- Also in the news: Justice Kavanaugh's first opinion (See Kavanaugh's First Opinion Is Unanimous Win for Arbitration; DJ story: High Court rules courts cannot decided arbitrability in presence of delegation clauses), and Justice Groban's first oral argument session, on which the DJ reports: New State High Court Justice Grills Lawyers in Telecom's Fight with City: Just four days after taking the oath, new Supreme Court Justice Joshua P. Groban sat in on oral arguments for the first time, hearing a case about whether San Francisco can regulate the appearance of cell phone towers.
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