2d DCA pro tem update & 9th Cir. proposed rules

The following are currently sitting on assignment in the 2d District:

• Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two from July 15, 2025, until September 14, 2025 

• Judge Kimberly A. Gaab of the Fresno County Superior Court will be sitting Pro Tem in Division Three until August 30, 2025 

• Judge Kira Klatchko of the Riverside County Superior Court will be sitting Pro Tem in Division Three until August 4, 2025 

• Judge Emily Garcia Uhrig of the Los Angeles County Superior Court will be sitting Pro Tem in Division Four until July 19, 2025 

• Justice Laurence D. Rubin (Retired) of the Second District Court of Appeal will be sitting Pro Tem in Division Eight until August 31, 2025

The Ninth Circuit seeks comments to proposed rule revisions, here: proposed-cr-revisions-public-comment-6-2025.pdf -- "These proposed minor, non-substantive revisions would clarify existing rules and align them with recent updates and court practices."

Possession-only judgment not appealable...

2/7 issues a published opinion on appealability in UD cases:

We transferred this case from the appellate division of the superior court to decide whether a tenant can appeal a judgment for possession in an unlawful detainer proceeding if the landlord has outstanding damages claims that have not been adjudicated. The answer is no. If the landlord’s complaint seeks damages, the possession-only judgment is not appealable because it does not resolve all rights of the parties.

CalMatters has California doesn’t have enough court reporters. Their unions are fighting substitutes

RIP Tom Kallay (1937-2025)

 

Another SoCal appellate legend has passed away: the remarkable Tom Kally, retired Appellate Lawyer/CAAL member/2d District Managing Attorney. Tom was a founder and the First director of CAP-LA. His accomplishments and publications will live on, as will the memories of those who knew him as a scholar and gentleman. (Click the link on his name above to learn more about Tom's amazing life.)

Embedded Appellate Attys program

 

On July 9 at 12:30 to 1:30 BHBA's Litigation Section presents Kirk Jenkins on Embedding Appellate Attorneys on Trial Teams

Join us for a dynamic CLE that unveils how integrating an appellate specialist into your trial team—early and strategically—can be the game-changer your case needs. This session explores the essential role appellate attorneys play throughout the litigation lifecycle and at trial. From shaping persuasive motions, preserving the record of your opponent’s errors at trial (and preventing yours), to crafting post-verdict strategies and navigating complex interim appellate interventions. Learn how appellate insight sharpens trial themes, strengthens records, and anticipates developments to maximize outcomes at every stage of litigation and trial.

3 COJA hearings today, starting @ 1 p.m.!

 (COJA) Commission on Judicial Appointments Hearings - 2025-06-24

1 p.m. - hearing for Justice Zukin to become 2/4's PJ

~2 p.m. - hearing for Judge Tamzarian to 2/4

~3 p.m. - hearing for Judge Hanasono to 2/3

[Less than 30 minutes after taking the oath, the 2d District's justices website page has been updated to show Presiding Justice Zukin. Ditto re Justice Tamzarian and Justice Hanasono (who's webpage was posted while he was giving his thank-you remarks!). Great job at the court for getting this up so promptly.]

Commission Confirms Appointments to Appellate Court in Los Angeles

3d Dist. pro tem update

Associate Justice Rebecca A. Wiseman, retired, will be sitting pro tempore w/the 3d District beginning July 15, 2023, through August 19, 2025.

CA Judicial Council update

Chief Justice Appoints 5 New Judicial Council Members -- Council consists of judicial officers, court executives, attorneys, and legislators who volunteer their time to help make the court system consistent, impartial, and accessible. Of appellate note, Justice Irion was reappointed to start her newest 3-year term on September 15 and Justice Fujisaki ends her term on September 14.

Judicial Council Membership -- According to the state Constitution, the Chief Justice chairs the Judicial Council and appoints one other Supreme Court justice [currently Justice Corrigan], three justices from the courts of appeal [currently Justices Boulware Eurie, Fujisaki, and Hill], 10 trial court judges, two nonvoting court administrators, “and any other nonvoting members as determined by the voting membership of the council.” The State Bar’s governing body appoints four members, and the state Senate and Assembly each appoint one member.

J.Kennedy to speak up for justice

Retired U.S. Supreme Court Justice Anthony M. Kennedy is participating in a growing national and global movement to defend judicial independence—and on June 26, he’ll deliver urgent public remarks on why the erosion of judicial power is how democracy unravels. Kennedy—who served from 1988 to 2018 and cast pivotal votes in some of the most consequential constitutional rulings in modern history—will be a featured speaker at the June 26 Speak Up for Justice forum, a virtual event bringing together judges from around the world to warn: the erosion of judicial power is how democracy unravels. Justice Kennedy’s remarks will open the forum, where he’ll draw from his decades on the Court and speak to the growing need to protect the role of judges in a functioning democracy.

Awful oral arg gaffe

 Oral arg mistake of the year here? A little "honey" goes the wrong way...

ATL covers this here: Lawyer Calls Judge ‘Honey’ During Oral Argument And You Can Feel The Cringe

ABA Journal's story is here -- "The full video is available by searching for the word 'Delgato' on this website." The case is People v. Delgato.

Inns of Court ethics?

Question: "What are a judicial officer's ethical obligations as they pertain to participation in American Inns of Court?" If you have an answer, CJEO wants to hear it: The California Supreme Court Committee on Judicial Ethics Opinions (CJEO) invites public comment on a draft formal opinion about judges participating in Inns of Court here.

And here's an interesting footnote 1 in an unpub from 2/8:

It appears [Appellant] recorded the hearing on the motion for reconsideration without the permission of the trial court, in violation of California Rules of Court, rule 1.150(d). We have augmented the record on appeal to include this recording. We do not sanction recording of trial court proceedings without advance approval by the court. However, under the extremely specific circumstances presented here, in which (1) the absence of a reporter’s transcript is due to judicial error and not attributable to the appellant, and (2) on appeal both parties rely on appellant’s record of the hearing, we consider the recording of the hearing on equitable grounds and only for the limited purpose of reviewing [Appellant's] claim she was denied a fair hearing on the motion for reconsideration.

LASC AD Judge Kumar to retire / SCOTUS disclosures / Proposal re E-Records

The MetNews reports that LASC Appellate Division Judge Sanjay Kumar is slated to retire July 15, and has this article: Judge Sanjay Kumar Reflects on Career in Law:

The last 15 years on the Appellate Division have been rewarding. Although it is a relatively unknown wing of the superior court, it houses judges who have an exceptional work ethic and are committed to drafting opinions that provide proper guidance to the trial courts regardless of personal beliefs or political trends. I considered Presiding Judge McKay to be an intelligent colleague when I began in the Appellate Division but now she is also a sister-like figure.

Law360 has Justice Jackson Tops Royalties And Trip Disclosures In 2024 reporting on disclosures by 8 of the 9 Justices released Tuesday. Bloomberg Law has Justice Jackson Reports Earning Over $2 Million for Memoir

The Judicial Council is seeking comments by July 6 regarding Proposed Legislation: Remote Access to Electronic Court Records. This includes:

Appellate court records The proposed location for the appellate court rules is title 8, chapter 3, article 5, sections 6895068952 of the Government Code. The proposed title of new article 5 is “Public Access to Electronic Records of the Supreme Court and Courts of Appeal.” Although chapter 3 of title 8 is titled “The Supreme Court,” it appears to be the location for all statutes applying to the administration of both the Supreme Court and the Courts of Appeal.

Opening line contender

Justice Hoffstadt quotes Billy Bard in the opening of this unpub today:

This appeal illustrates the wisdom of William Shakespeare’s words, “Neither a borrower nor lender be; For loan oft loses both itself and friend.” (Hamlet, act I, scene 3.) Two friends bought a duplex together; one paid the down payment while the other, to even things out, paid a greater share of the monthly mortgage bill. The friendship soured, and one sued the other for partition and sale of the duplex as well as for an accounting. After an eight-day bench trial, the trial court found that the former friends had entered into an oral agreement on how to pay off the mortgage loan. The losing friend appeals, raising a panoply of arguments. Those arguments are either waived or meritless. We accordingly affirm.

ABTL's Members-Only Summer Judicial Reception will be outside at the Omni Hotel (in DTLA) on June 26, from 6 to 8 p.m., honoring the local judiciary, including the Ninth Circuit and 2d District Court of Appeal.

CJP institutes proceedings re retired J.Murray

COMMISSION ON JUDICIAL PERFORMANCE  INSTITUTES FORMAL PROCEEDINGS CONCERNING  FORMER JUSTICE WILLIAM J. MURRAY, JR.

The Commission on Judicial Performance has instituted formal proceedings to inquire into matters concerning former Justice William J. Murray, Jr. of the California Court of Appeal, Third Appellate District. The commencement of formal proceedings is not a determination of judicial misconduct. A copy of the Notice of Formal Proceedings is posted on the commission’s website at https://cjp.ca.gov (under “Announcements”). Former Justice Murray’s Answer to the Notice is due June 30, 2025. Upon filing, the former justice’s answer will be made available for public inspection.

In accordance with the rules that govern commission proceedings, a hearing will be conducted by special masters appointed by the Supreme Court. At the hearing, the parties will have an opportunity to introduce evidence and examine and cross-examine witnesses. Commission Trial Counsel, Mark A. Lizarraga, and Assistant Trial Counsel, Melissa G. Murphy, will serve as Examiners for the commission. Former Justice Murray is represented by Attorney Andrew J. Waxler of Los Angeles.

Following completion of the hearing, the special masters will provide the commission with a report containing findings with respect to the charges. The parties will have an opportunity to present their views on the report to the commission through briefing and argument. If the commission determines that the charges are proven by clear and convincing evidence, it is empowered to censure, publicly admonish, or privately discipline the former justice. Charges that the commission determines are not proven will be dismissed. A determination by the commission to censure or admonish a former justice is subject to discretionary review by the Supreme Court upon petition by the former justice. 

The Recorder has Retired Appellate Justice Accused of Delaying Case Decisions for Years and the DJ has Retired justice faces discipline over chronic case delays at 3rd District and the MetNews has Retired C.A. Justice Faces Disciplinary Charges - William J. Murray Jr. Was Among Third District Justices Who Delayed in Deciding Cases, Sometimes for Years and the ABA Journal has Retired California justice faces disciplinary charges for allegedly taking too long to decide cases

The new specialist Seals are out!

From the State Bar of California: We are excited to announce the launch of rebranded certified specialist brochures and new digital certified specialist seals. The new brochures offer clearer details on the benefits of working with a certified specialist and help promote awareness of the specialization program. Additionally, the new digital seals highlight your expertise and achievement in your specialty area, making it easy to showcase this recognition to the public that is easily displayed in your email signature line and websites. Legal Specialization Brochures: Print-on-Demand and Free of Charge You can download the digital brochures on the State Bar’s Digital Brochures webpage or order them free-of-charge on the print on-demand portal. The new process requires you to create an online account to login to place your order. Please see the user guide below for more information. [Appellate brochure here.]

 

Brochure Print-On-Demand User Guide

 

Digital Seals: Display Your Specialization on Your Website, Email Taglines, and More Digital seals are now available. You can download the seals in the following formats: PNG (transparent background), JPG, PDF, and SVG (for scalability and print).  Certified Specialist General Seal Appellate Law Specialty Seal Below is a user guide with step-by-step information about how to use the seals in email signature lines and on websites.

Digital Seal User Guide

Opening in J.Feuer's Chambers

2/7 Research Attorney Hoa Hoang was recently appointed to the superior court, so there is now an opening in Justice Feuer's chambers.

Job title: Appellate Court Attorney - Division Seven
Location: Downtown LA
Associate Justice Gail Ruderman Feuer of the California Court of Appeal, Second Appellate District, is accepting application for an appellate attorney to start in August 2025.

The attorney will work collaboratively with Justice Feuer in preparing opinions in a broad range of appeals, including civil and criminal cases. The attorney will have significant responsibility over complex and challenging cases and work in a collegial setting with Justice Feuer and her other appellate attorneys. The attorney’s duties will include reviewing appellate briefs and trial records, researching and analyzing legal issues, drafting proposed opinions, proofreading final opinions, and making recommendations on the resolution of appeals, among other tasks. Excellent analytical, writing, and research skills are mandatory, as well a strong work ethic and dedication to excellence. Familiarity with appellate practice and/or prior judicial clerkship experience is preferred.

Apply online with online application, cover letter, resume, and writing sample. For earliest consideration, please apply by June 17.

AJEI registration begins

Registration is now open for the 2025 Appellate Judges Education Institute Summit November 13 – 16, 2025 Renaissance Minneapolis Hotel, The Depot Minneapolis, MN Register here Register now for the 2025 AJEI Summit, the nation’s premier appellate educational event. Typically attended by almost 400 appellate judges and practitioners, the Summit will feature 20+ panel discussions on emerging trends, challenges, and legal issues affecting appellate practitioners and the judiciary. Speakers Include: Former Solicitor General Elizabeth Prelogar Hon. Alan Page (Ret.), Minnesota Supreme Court Hon. David R. Stras, United States Court of Appeals for the Eighth Circuit Dean Erwin Chemerinsky, U.C. Berkeley Law Dr. Karen Korematsu, Founder and President, Fred T. Korematsu Institute Prof. Stephen I. Vladeck, Agnes Williams Sesquicentennial Professor of Federal Courts, Georgetown Law Summit Topics Include: The Death of the Chevron Doctrine: The Future of Regulatory Power and Litigation Life of an Appeal in the Age of AI: From Trial Court to Appellate Decision Returning to the Rule of Law in a Politicized Environment Writing Like the Greats: A Hands-On Appellate Writing Workshop Concur and Dissent: When Great Minds Don't Think Alike Do Something! Ethical Responses to Judicial and Lawyer Misconduct Military Criminal Justice: What You Should Know To Defer or Not to Defer: Evolving Standards of Review in a Digital Age The Ethical and Practical Challenges of Amicus Participation What about US? The Role of State Constitutional Rights Following Recent US Supreme Court Decisions Summit Webpage Please visit the AJEI 2025 Summit webpage for more information, including hotel accommodations and how to become a Summit sponsor. There are discounts for early bird registration and ABA Members (automatically applied during registration). The Judicial Division of the ABA will be sending its members an additional promo code. Register early to take advantage of early bird pricing - save $100. Additional discount for ABA Members (please have your bar number ready during registration). The $100 early bird discount will be applied automatically until Oct 1, 2025.)

BASF program: Trailblazing Women on California’s Courts of Appeal

On July 29 at noon, BASF presents Trailblazing Women on California’s Courts of Appeal
Celebrating Seven Historic Female Firsts on California’s Courts of Appeal: Diversity, Representation, and the Judicial Appointments Process

Date	Tuesday, July 29, 2025
MCLE Registration	11:30 a.m. - 12:00 p.m.
In-Person Program	12:00 - 1:15 p.m.
MCLE	1 Hour of Elimination of Bias
Location	BASF Offices 50 Fremont Street, Suite 1700 San Francisco, CA

Speakers

Justice Shama Hakim Mesiwala Third District Court of Appeal	Deputy Appointments Secretary Adam Hofmann Office of California Governer Gavin Newsom

This program highlights the groundbreaking contributions of seven trailblazing female justices who were the first to serve on California’s Courts of Appeal. Justice Shama Hakim Mesiwala will share insights into their historic achievements and the broader impact of representation in the judiciary. The program will also feature a Q&A with Deputy Appointments Secretary Adam Hofmann, who will discuss the judicial appointments process and the importance of cultivating a diverse and inclusive applicant pool. Attendees will gain a deeper understanding of how diversity enhances the fairness and credibility of California’s justice system. 

Trailblazing Female Firsts
Annette Abbot Adams: First California Female Justice
Arleigh Woods: First California African American Female Justice
Sheila Prell Sonenshine: First California Jewish American Female Justice and youngest California Intermediate Appellate Court Justice
Joyce Kennard: First California Asian American Female Justice, First California Immigrant Female Justice, First California. non-native English-speaking Female Justice, and First California disabled Female Justice
Ramona Godoy Perez: First California Hispanic Female Justice
Eileen Moore: First and only California Female Military Veteran Justice
Therese Stewart: First California openly Lesbian Justice