In Law360, Josh Patashnik of Ashurst Perkins has Calif. Justices' Ruling Reshapes Midcase Appeal Strategy -- The California Supreme Court's unanimous July 16 decision in Maniago v. Desert Cardiology Consultants' Medical Group Inc. resolves a long-running split among intermediate appellate courts in the state and delivers a clear message to civil litigators: A voluntary dismissal cannot be used as a shortcut to appellate review of interlocutory orders.
In the DJ, Myron Moskovitz has Working, Part 3: Reviewing the reporter's transcripts -- Winning appellate arguments often hide in the reporter's transcripts, where a judge's revealing remark, a damaging concession or a witness's memorable testimony can become the brief's most persuasive line.
4/3 imposes $5K in sanctions for a frivolous writ petition here.
When attorneys make misleading statements to courts or fail to promptly update courts when new facts emerge that are relevant to a matter under consideration, courts unnecessarily expend resources assessing issues under false premises. And only when counsel’s zealous advocacy is exercised consistent with counsel’s duty of candor to the court can the judicial system achieve its goal of ascertaining the truth.
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The petition ... was plainly frivolous when filed in light of the undisclosed information about the San Diego action. No court would issue extraordinary writ relief to remedy a trial conflict that no longer existed. No reasonable attorney would file a writ petition on this factual record, making the arguments that were made in the petition ....
[The MetNews article is C.A. Imposes $5,000 Sanction on Lawyer for Lack of Candor -- Attorney Sought Writ, Saying Dates of Two Trials—One Set for June 29 in Orange County, the Other for May 15 in San Diego Superior Court—Conflicted; Justices Not Told Earlier of Two Proceedings Had Been Moved to October; The DJ's article is Attorney sanctioned $5,000 over frivolous writ petition --California appellate court fined attorney $5,000 after finding he failed to disclose that a trial conflict cited in his writ petition had already been resolved.]
The DJ has Justice Marsha Slough, 1958 -- 2026: Retired 4th District Court of Appeal justice was "blue-collar" jurist, led court through pandemic
Retired Justice Marsha G. Slough, whose two decades on the California bench took her from working directly with troubled teenagers in San Bernardino County to helping lead the state judiciary through the COVID-19 pandemic, died Saturday following an illness. She was 68.
Slough retired from the 4th District Court of Appeal, Division 2, in Riverside in 2023 after nearly a decade on the appellate bench.
The Supreme Court's opinion in FVAP v. Superior Court has issued here, and the disposition is:
Let a writ of mandate issue directing the respondent superior courts to provide indigent litigants, upon request, with meaningful access in all cases to an official verbatim record of proceedings, including by means of electronic recording if an official reporter or official reporter pro tempore is unavailable."courts can and should imply an exception to section 69957 where reasonably necessary to provide indigent civil litigants with meaningful access to justice and an official verbatim record." (Opn. at 5.)
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FAMILY VIOLENCE APPELLATE PROJECT et al. v. SUPERIOR COURT OF CONTRA COSTA COUNTY S288176 (Original proceeding) Argued in Los Angeles 6-03-26 This case presents the following issue: Does the prohibition on electronic recording of certain proceedings in Government Code section 69957, subdivision (a) violate the California Constitution when an official court reporter is unavailable and a litigant cannot afford to pay a private court reporter?
Updated 2026 Oral Arguments Hearing Dates
The Sept.17 Appellate Division oral argument has been moved to Sept. 24, 2026. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division courtroom, located in Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court. The revised 2026 schedule is here.
On November 4 at noon, LACBA's Appellate and Family Law Sections will present Family Law Appeals: Initial Quick Decisions, with panelists Claudia Ribet (certified appellate and family law specialist) and Greg Ellis (certified appellate specialist) (both at CALG and both CAAL members).
A program addressing important issues in family law appeals: (1) the new Statement of Decision statute, and anticipated rules of court; (2) the collateral order doctrine, and how it functions in family law; and (3) immediate appeals in bifurcated rulings under California Rules of Court rule 5.932.
2/4 publishes an OSC order imposing $1,000 in sanctions here, which begins:
An adverse ruling is not evidence of judicial bias. And lawyers may not accuse a judge of bias without evidence. We publish this opinion as a warning to those who appear before the appellate bench. Challenges to the integrity of the hard-working, dedicated trial judges of this state must be based on evidence in the record, not the personal frustrations of counsel or parties. Members of the bar may not spew allegations of judicial bias merely because they disagree with a ruling. Counsel must not expect courts of appeal to allow such baseless outbursts.
(Watch the oral argument here (staring at 59'30"))
A new month brings a new set of monthly appellatety columns in the DJ!
Retired PJ Gilbert has Why? -- A retired judge humorously reflects on everyday frustrations--from cyclists without helmets and cell phone distractions to tattoos and modern expressions--before questioning why judicial opinions have become increasingly long and difficult to understand.
Myron Moskovitz has Are AI-generated briefs persuasive? -- AI can produce well-researched and logically organized appellate briefs, but experienced appellate lawyers remain better at strategic judgment, persuasive advocacy and anticipating the human factors that can influence judicial decision-making.
AI produces briefs that are strong on logic (usually), well-researched and very thorough. But not so strong on strategic thinking and sensitivity to a judge's human emotions. And AI's writing is pedestrian. ... AI is cheap and it can provide a good starting point. But I would never file one without having an experienced appellate attorney spend a few hours reviewing it. The risk and the stakes are just too high.
And this month's Exceptionally Appealing column is Appellate Algebra Alert! about Ninth Circuit Rule 32-3 setting forth the "Page/Word Conversion Formula for Briefs and Other Documents." And you thought there'd be no math!
Law360 reports Ill. Atty Sanctioned For AI Slop In Starbucks Bias Suit
Bloomberg Law has Trump Picks Flex Rising Influence on Largest US Appeals Court -- Trump has appointed 11 judges on the 29-seat Ninth Circuit. His picks have had an outsized voice although liberals still hold a narrow majority.
Law.com has What Was Behind the Circuits' SCOTUS Reversal Rates This Term?
The DJ has Rethinking application of the disentitlement doctrine in cases involving domestic violence (by H&L's Melissa Whalen and Sarah Fiskin) -- As California courts increasingly apply the disentitlement doctrine to family law disputes, it should never be used to strip domestic violence victims of restraining order protections simply because they failed to pay court-ordered attorney fees to their abuser.
The DJ's July 2026 monthly Discipline Report reports on the May 15 disbarment of John Charles Eastman and the May 29 suspension of Joseph Lawrence Dunn.
Who can resist reading an article titled Hybrid Collateral Approaches to Obtaining an Appeal Bond? Thanks to CSBA for sharing their wisdom!
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