Monday, October 5, 2020

DJ roundup

 Today's DJ has PJ Gilbert's 299th column! Quite a run. This one titled A Column About Columns,  notes that "Whatever the number, some may be worth reading."

In the Moskovitz on Appeal column, Myron discuss 'Law of the case': Mistakes appellate attorneys see over and over, where he explains Law of the Case, the Prior Ruling Doctrine, and an exception.

"[O]ne trial judge may not reconsider and overrule the previous interim ruling of a predecessor judge of the same court by the expedient of simply ignoring the existence of that prior ruling." Kerns v. CSE Ins. Group, 106 Cal. App. 4th 368, 393 (2003).

The reason for this rule was explained in People v. Superior Court (Scofield), 249 Cal. App. 2d 727, 734 (1967): "If the rule were otherwise, it would be only a matter of days until we would have a rule of man rather than a rule of law. To affirm the action taken in this case would lead directly to forum shopping, since if one judge should deny relief, defendants would try another and another judge until finally they found one who would grant what they were seeking. Such a procedure would instantly breed lack of confidence in the integrity of the courts."

The DJ also has Experienced Appellate Specialist Joins Bryan Cave in Los Angeles, reporting that "Jean-Claude 'J.C.' André will handle commercial litigation and co-lead the appellate and supreme court group"

Friday's DJ has Jimmy Azadian's Next Week: The First Monday, previewing the SCOTUS term starting today.


Prof. Martin at California Appellate Report Blog notes a great line about mentioning unpub'd decisions in an opinion, here.

And here's something weird: This published case is missing the court caption (but it's obviously from 4/2, given the E-number).