4 appellate nominations!

Governor Gavin Newsom announced his nomination of four Court of Appeal Justices: Justice Tari Cody, to the Second District Court of Appeal, Division Six, Judge Nicholas Daum to the Second District Court of Appeal, Division Four, Judge Sonny S. Sandhu to the Fifth District Court of Appeal, and Judge Charles Adams to the Sixth District Court of Appeal.

Second District Court of Appeal, Division Six

 

 

Tari Cody, of Ventura County, has been nominated to serve as Presiding Justice in the Second District Court of Appeal, Division Six, where she has served as an Associate Justice since 2023. Cody has served as a Judge in the Ventura County Superior Court from 2000 to 2023. She was an Associate at Lemieux & O’Neill from 1994 to 2000. She was a Partner at Nordman, Cormany, Hair & Compton from 1990 to1994 where she also worked as an Associate from 1985 to 1990. Cody received a Juris Doctor degree from Loyola Law School. She fills the vacancy created by the retirement of Justice Arthur Gilbert. This position requires confirmation by the Commission on Judicial Appointaments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Francis Rothschild. Cody is a Democrat.

 

Second District Court of Appeal, Division Four

 

 

Nicholas Daum, of Los Angeles County, has been nominated to serve as an Associate Justice in the Second District Court of Appeal, Division Four. Daum has served as a Judge in the Los Angeles County Superior Court since 2022. He was an Associate and Partner at Kendall Brill & Kelly from 2009 to 2022. He was an Associate at Susman Godfrey from 2004 to 2009. Daum received a Juris Doctor degree from Yale Law School. He fills the vacancy created by the retirement of Justice Audrey B. Collins. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Francis Rothschild. Daum is a Democrat.

 

Fifth District Court of Appeal

 

 

Sonny S. Sandhu, of Stanislaus County, has been nominated to serve as an Associate Justice in the Fifth District Court of Appeal. Sandhu has served as a Judge in the Stanislaus County Superior Court since 2018, where he has also served as Presiding Judge for the last year. He served multiple roles at the Stanislaus County Public Defender’s Office including as the Public Defender from 2017 to 2018, the Chief Deputy Public Defender from 2015 to 2017, and as a Deputy Public Defender from 2003 to 2015. Sandhu received a Juris Doctor degree from The Ohio State University College of Law. He will fill the vacancy to be created by the retirement of Justice Rosendo Peňa, Jr., effective June 29, 2026. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Brad Hill. Sandhu is a Democrat.

 

Sixth District Court of Appeal

 

 

Charles Adams, of Santa Clara County, has been nominated to serve as an Associate Justice in the Sixth District Court of Appeal. Adams has served as a Judge in the Santa Clara County Superior Court since 2018. He served as an Administrative Law Clerk at the U.S. District Court, Northern District of California from 2011 to 2018. Adams served as a Staff Attorney and Legal Research Attorney at the Santa Clara County Superior Court from 2006 to 2011. He was an Associate at Voss & Associates from 2005 to 2006 and from 2003 to 2004. Adams was an Associate at McDermott & McNamara from 2004 to 2005. Adams received a Juris Doctor degree from Pepperdine University School of Law. He fills the vacancy created by the retirement of Justice Patricia Bamattre-Manoukian. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerrero, Attorney General Rob Bonta, and Senior Presiding Justice Mary Greenwood. Adams is a Democrat. The compensation for each of these positions is $280,052

City of L.A. looking for a civil appellate attorney

The Office of the Los Angeles City Attorney is adding an additional civil appellate attorney to its roster. If you are interested in such a position, or know someone who is, the position posting with the position information is here.

9th Cir. sanctions

Law360 has Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal about an award of attorneys fees as sanctions by the Ninth Circuit (OSC here; sanctions order here).

Law360 also has Calif. Panel Reverses Order For Citing Atty's Bogus Case Law about this unpub from the 5th District.

And Law360 has No Fed. Circ. Arguments In August Due To Building Work

Bloomberg Law has Inmate Who Filed Own Appeal Gets Supreme Court Review -- The US Supreme Court agreed to hear an appeal from a Texas inmate who represented himself in his initial appeal to the justices seeking transfer from prison to less restrictive custody.

2d Dist. pro tem update

The following judges are sitting pro tem in the 2d District:

• Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three through June 26, 2026
• Judge Curtis E.A. Karnow (Retired) of the San Francisco County Superior Court will be sitting Pro Tem in Division Three through July 24, 2026
• Judge Vicki Ashworth (Retired) of the El Dorado County Superior Court will be sitting Pro Tem in Division Three from June 15, 2026, through August 14, 2026
• Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through July 22, 2026
• Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through June 20, 2026
• Judge Ronda J. McKaig of the Ventura County Superior Court will be sitting Pro Tem in Division Six through July 31, 2026

Bloomberg Law has Chevron Taps Appellate Pro Scott Keller As Next Legal Chief -- Chevron Corporation has tapped Lehotsky Keller Cohn LLP founding partner Scott Keller as its new general counsel with plans to promote him to chief legal officer. ... The former solicitor general of Texas brings to Chevron a track record of arguing in front of the Supreme and appellate courts. He has argued more than ten cases at both the U.S. Supreme Court and the Texas Supreme Court

9th Circuit launches new website!

Check out the new 9th Circuit website!

3d Dist. pro tem update

Associate Justice Elena J. Duarte, recently retired, will be sitting in pro tempore beginning May 28, 2026, to complete matters.

DJ profiles J.DeSantos

Today's DJ has Justice Thomas DeSantos brought Central Valley roots to appellate court -- Justice Thomas DeSantos brought lessons from Hanford farm fields, small-town law practice, and the Kings County bench to California's appellate court.

The NLJ has Former SG Prelogar Discusses Tenure, First Supreme Court Argument as Private Lawyer

J.Dhanidina becomes Dean Dhanidina

Today's DJ has Retired appellate justice Dhanidina named dean of Western State law school -- The retired 2nd District Court of Appeal justice brings nearly three decades of experience as a prosecutor, litigator, mediator and educator to Orange County's oldest law school.

Law360 has Ex-Calif. Appellate Judge To Take Over As Law School Dean

BHBA presents a free webinar on June 2 from 1-2 p.m. (featuring Justice Zukin): Inside California's Judicial Appointments Process with Secretary Céspedes

Work in J.Goorvitch's chambers!

Associate Justice Steve Goorvitch of the California Court of Appeal, Second Appellate District, located in Los Angeles, is accepting applications for an appellate attorney.
The attorney will work collaboratively with the justice in the preparation of opinions. The types of cases presented are varied, and the attorney will get civil and criminal law experience at the appellate level in an environment providing significant responsibility and challenge. Many attorneys work a hybrid schedule that includes working both remotely and in person. Attorneys may work remotely. The start date is flexible. Applicants should indicate in the cover letter whether they wish to be considered for an indefinite term, a two-year term clerkship, or both positions.

Who's counting...

Law.com has 101 & Counting: Hogan Lovells’ Jessica Ellsworth Reflects on Oral Argument Milestone -- "The best advice that I have gotten is to advance from thinking of an argument as an opportunity to tell the court why you are right to instead think of it as an opportunity to listen to the court and hear where the court has questions and try to be in more of a listener mode."

The MetNews has Stephen Goorvitch Confirmed as Justice of Court of Appeal

Five new Justices confirmed!

The DJ reports: Newsom appellate picks confirmed despite rare opposition at hearing.

The Commission on Judicial Appointments unanimously confirmed five of Gov. Gavin Newsom's appellate nominees Friday, including the elevation of Associate Justice Joanne Motoike to presiding justice of the 4th District Court of Appeal's Santa Ana division. The hearings were largely routine except for a rare public challenge to Los Angeles County Superior Court Judge Stephen Goorvitch — nominated to the 2nd District, Division Two — from a self-represented litigant who accused him of bias and retaliation in a malpractice case. The commission confirmed Goorvitch regardless. Also confirmed: Fresno County Superior Court Judge Amy Guerra to the 5th District, Imperial County Superior Court Judge Eran M. Bermudez to the 4th District, Division One in San Diego, and Orange County Superior Court Judge Deborah C. Servino to the 4th District, Division Three in Santa Ana. All five were sworn in Friday.

6th Dist. pro tem update

Judge Frederick S. Chung of the Santa Clara County Superior Court will be sitting Pro Tem until July 31, 2026.

In other appellatey news, Bloomberg Law has Ex-Solicitor General Prelogar Joins Tom Goldstein’s Legal Team -- Former Solicitor General Elizabeth Prelogar is joining the legal team of SCOTUSblog.com co-founder Tom Goldstein in his criminal tax case.

Law360 has Goldstein Taps Ex-SG Prelogar Before Sentence, Likely Appeal

While solicitor general, Prelogar gained a level of mainstream prominence not often associated with the position. Her rise reflected oratorical skills that won respect among legal allies and adversaries alike, and that even resonated with nonlawyers, leading to a Vanity Fair magazine profile and an appearance on the NPR comedy show "Wait, Wait ... Don't Tell Me!"

By the standards of the appellate bar, Goldstein is also uncommonly prominent. He founded SCOTUSblog, for example, and he pioneered now-ubiquitous methods of identifying cases the Supreme Court is likely to hear. Moreover, he became one of the few attorneys in recent decades to argue dozens of high court cases despite practicing at a boutique firm, lacking an Ivy League education and never working in the U.S. solicitor general's office.

Law.com has What Federal Judges Told Law Grads at Commencements This Year, which includes this SoCal vignette:

Second Circuit Judge Alison Nathan: Graduates at UC Irvine Law heard from Nathan, who reassured them that mistakes happen and those in the legal profession will “give you grace.” Nathan, appointed by Biden, told a story about her former boss, U.S. Supreme Court Justice John Paul Stevens, for whom she clerked from 2001 until 2002.
Nathan said that during an oral argument, a nervous advocate was admonished by the chief justice for addressing one of the justices as “judge,” Nathan said at the May 8 ceremony. “Then Justice Stevens leaned forward in his chair, and he said, ‘Don't worry about it, counselor, the Constitution makes the same mistake,’” Nathan said. “That kind of grace, that kind of humility, that's part of the tradition you're joining, a deeply human tradition.... Even if the legal profession feels large and intimidating right now, in the end, it's just a group of people, people like you, making countless small choices every day.”

And who can resist a Law.com story involving a dog named Mandamus: The Best Trial Prep Partner? It Might Have Four Legs

Goorvitch CJA hearing May 22

Commission to Consider Appointment to the 2nd District Court of Appeal
The Commission on Judicial Appointments will hold a public hearing in San Francisco on Friday, May 22, 2026, beginning at 9:30 a.m. to consider Governor Gavin Newsom's appointment of Judge Stephen Goorvitch as Associate Justice of the Second District Court of Appeal, Division Two.
The live webcast will begin on the Judicial Council's video streaming platform on May 22 at 9:30 a.m.

Federal Circuit Theme Song

The Federal Circuit released a "theme song" in a 3-minute YouTube music video. (Yes, that's a monkey riding a rocket.) Check it out here.

3:02

The Federal Circuit, created in 1982, is a national court handling special cases like patents, veterans' appeals, and international trade.

Law360 has Fed. Circ. Drops A Theme Song, Talks Guest Judges

The Federal Circuit judges' advice to litigators largely came down to making the appeal as targeted as possible. Both Judge Chen and U.S. Circuit Judge Kara F. Stoll said the parties need to limit the number of arguments raised. Judge Chen said he's had cases go to the Supreme Court, and only then does he see the petitioner narrow its request the way he'd needed below. The judges encouraged parties to proactively address the other side's arguments, with Judge Chen suggesting a specific rebuttal section in briefs to do so. U.S. Circuit Judge Sharon Prost similarly said parties should admit their weaknesses and work the judges through them.

Lawyers should also use full quotes from the cases they're citing when possible, Judge Lourie said. "We don't entirely trust you" when citing clips without the full context, he continued.

Judge Lourie also discouraged having pages in briefing that are nearly all footnotes. Other tips included Judge Hughes recommending having non-patent colleagues read over briefs to see if they make sense to lay folk, and U.S. Circuit Judge Tiffany P. Cunningham encouraging lawyers to make concessions when appropriate rather than fighting everything.

4/1 attorney openings

Division I in San Diego is accepting applications for an Appellate Court Attorney (Level B– Senior). The job can be found at Appellate Court Chambers Attorney (Level B - Senior) OR Appellate Court Central Staff Attorney (Level B - Senior) | District Courts of Appeal. The application deadline is at 5:00 p.m. on June 5, 2026.

Who will join the Cal Supreme Court?

Bloomberg Law has Newsom’s Delay on Filling California High Court Seat: Explained

The California Supreme Court has been short a justice for more than six months since Martin J. Jenkins’ retirement, making it one of the longest high court vacancies in the Golden State’s history.

two of Newsom’s prior picks— Jenkins and Evans—used to serve roles in the Newsom administration. In terms of current appellate justices who used to work for Newsom, Ettinger noted Justice Daniel H. Bromberg and Justice Gonzalo C. Martinez both fit the bill.

But what about JUDICIAL APPOINTMENTS SECRETARY LUIS CÉSPEDES?

1st Dist. pro tem update

Judge Andrew Sweet of Marin County Superior Court will be sitting pro tempore in First District, Division Four until July 31, 2026.

Remittitur controls over precedent split

The MetNew has C.A. Permits No Deviation From Direction of Remanding Court Despite New Case Law -- Opinion Signals That Prerogative of Trial Judge to Follow Decision From Another Appellate District Does Not Extend to Disregarding Remittitur -- about this unpub from 2/3 here.

SCOTUS argument observations

SCOTUS Blog's Amy Howe has What I learned attending all those Supreme Court oral arguments this term. Her key takeaways:

1. The bench has gotten hotter.
2. The arguments are often long . . . and there’s no sign of them getting any shorter.
3. The impact of live audio is real – but not in the way the justices had feared.
4. There is no substitute for attending arguments in person (at least without cameras).
5. The high quality of the advocacy at the court
6. Where are the women?
7. Sometimes the lower-profile cases are more enjoyable to watch.

SCOTUS heating up

Bloomberg Law has Supreme Court Sniping Heats Up as Justices Near Opinion Season, which starts out with:

Tensions are starting to boil over at the US Supreme Court.
Back-and-forth sniping between Justices Ketanji Brown Jackson and Samuel Alito Monday night marked the latest sign of strain at a court that has become a prominent symbol of the polarization besetting the country.

Law360 has Roberts Says High Court's Job Is To Make Unpopular Rulings

Bloomberg Law has Roberts Defends Supreme Court Against Partisanship Accusations

At a very basic level, people think we’re making policy decisions,” Roberts said Wednesday while speaking at the Third Circuit judicial conference in Hershey, Pa. “We’re not simply part of the political process, and there’s a reason for that, and I’m not sure that people grasp that as much as is appropriate,” Roberts said.

Also from the 3d Cir. Conference Know 'The Record Below': Appellate Pros Talk Argument Prep

And re SCOTUS argument prep, see Neal Katyal's TED talk, What really won the trillion-dollar Supreme Court case .... and then see The Volokh Conspiracy's Let's Talk about Neal Katyal's TED Talk... and Bloomberg Law's Katyal’s Boast of AI Role in Tariff Win Draws Swift Blowback

The NLJ has Justice Thomas Becomes Second Longest Serving Supreme Court Justice -- Justice Clarence Thomas now sits behind Justice William O. Douglas in the list of longest-serving Supreme Court justices in U.S. history.

On the sanctions front, see this 4/3 unpub, which concludes: "This is a close call, but we decline to impose sanctions. We see a genuine effort by Brother to overturn the trial court’s decision that confuses procedural devices but is not wholly unreasonable. Similarly, any inference of delay from Brother’s repeated supersedeas petitions is rebutted by his motion for calendar preference—a request to speed up this proceeding."