The New Year brought us a new location for our section meetings, thanks to the hard work of outgoing chair Lisa McCall and incoming chair Todd Lundell.
We met at Chapter One - The Modern Local, on 3rd and Broadway in downtown Santa Ana, for the first time last month. The inaugural lunch service brought gourmet food designed to please the most discriminating foodie. After the meeting, our section leaders and restaurant management thoroughly reviewed the service, and so today's lunch promises to be even better.
Please join us at noon today at Chapter One for the annual State of the Court presentation. Acting 4/3 PJ Justice Rylaarsdam will update us on court happenings. He'll be joined by 4/3 administrator Kevin Stinson, supervising clerk Kathy Rossi, and calendaring clerk Toni Cajigal. For local appellate lawyers, this is a can't-miss event.
Thursday, February 2, 2012
Monday, January 23, 2012
Appellate Bonds
The California Supreme Court just held prevailing appellants may not recover "the interest expense incurred . . . to borrow funds to secure a letter of credit that was obtained to secure an appeal bond posted to stay enforcement of a money judgment during the pendency of the appeal." (Rossa v. D.L. Construction, S183523.)
Existing law provides the prevailing appellant may recover (1) the premiums paid to secure an appeal bond, and (2) the cost of a letter of credit obtained as collateral for the bond. (Rule 8.278(d)(1)(F).)
But that's as far as it goes. The appellant recovers the bond premiums, and the cost (or "charge") for the letter of credit securing the bond, but NOT the interest paid to borrow money to obtain the letter of credit to secure the bond. That's too many steps removed from the bond, and allowing recovery "would be inconsistent with the historic principle that cost provisions are to be strictly construed," holds the Court today.
Existing law provides the prevailing appellant may recover (1) the premiums paid to secure an appeal bond, and (2) the cost of a letter of credit obtained as collateral for the bond. (Rule 8.278(d)(1)(F).)
But that's as far as it goes. The appellant recovers the bond premiums, and the cost (or "charge") for the letter of credit securing the bond, but NOT the interest paid to borrow money to obtain the letter of credit to secure the bond. That's too many steps removed from the bond, and allowing recovery "would be inconsistent with the historic principle that cost provisions are to be strictly construed," holds the Court today.
Thursday, January 19, 2012
Justice Codrington to Swear in OCBA Officers, Directors
4/2 Justice Carol Codrington (right) will install Dimetria A.Jackson as the next OCBA President at tonight's 2012 OCBA Judges’ Night and Annual Meeting at the Irvine Marriott.Justice Codrington will also swear in the OCBA's officers (President-elect Wayne Gross, Treasurer Tom Bienert, Jr., Secretary Ashleigh Aitken) and its Board of Directors.
In addition, the Franklin G. West Award will be presented to John Hurlbut, Jr.
The OCBA press release highlights Ms. Jackson's dedication to our community. "A graduate of Dartmouth College and the University of Virginia School of Law, Jackson is a freelance lawyer with Montage Legal Group and CEO of redBAMBINA.com, an online retail boutique catering to nursing and expectant women, babies, and children. In addition to her service on the OCBA’s Judiciary, Finance, Education, Diversity & Equal Justice, Nominating, and Appointments Committees, Jackson has served on the California State Bar’s Ethnic and Minority Relations Committee, the California Minority Counsel Program’s Executive Committee, the Prentice School’s Scholarship Committee, and the Boards of the Public Law Center, First American Federal Credit Union, and Pink Ladder, a non-profit committed to encouraging, empowering, and mentoring African American women personally and professionally. Jackson currently serves on the Boards of the OCBA Charitable Fund, the Orange County Bar Foundation, and InTouch Credit Union."
The press release also notes Ms. Jackson will be the OCBA's "first female African American president." Congrats!
Tuesday, January 17, 2012
Appellate Event Today in LA
Today (!) the ABTL is sponsoring “Everything Trial Lawyers Need to Know About Appeals” over lunch at The Jonathan Club in downtown LA.The top drawer panel includes 9th Circuit Chief Judge Alex Kozinksi, 2/8 Justice Elizabeth A. Grimes (right), and retired 2DCA Justice Miriam A. Vogel. The moderator is Robin Meadow of Greines, Martin, Stein & Richland.
More info is available here.
Chapman Law School revisits Watergate
The Chapman Law Review is sponsoring a symposium on “The 40th Anniversary of Watergate: A Commemoration of the Rule of Law.”
John W. Dean, Nixon’s White House Counsel, will give the keynote address. Other speakers include Chapman Law Dean Tom Campbell and Chapman Law professor Ronald Rotunda.
Panelists including Nixon aide Alexander Butterfield, former Washington Post reporter and Senate investigator Scott Armstrong, and law professors from across the country will discuss “Obstruction of Justice: Does History Have it Wrong?,” “A Constitutional Analysis of the Exposure of Government Official Scandal,” and “The Legacy of Watergate: Reform 40 Years Later.”
RSVP here.
(Thanks to Law Review editor (and former 4/3 extern) Jon Hammond for the heads-up)
9th Circuit Visits OC
Chief Judge Alex Kozinski, Judge Kim McLane Wardlaw (left), and Judge Richard A. Paez will hear argument in three cases at 10 am in the school's Robinson Courtroom. You will need a photo ID for admission. More info is available here.
(Thanks to Ben Shatz)
Wednesday, January 11, 2012
Law, Justice and the Holocaust
If you’ve appreciated Justice Fybel’s presentations on the failure of the German justice system under Nazi rule, you may also want to attend the following event.
Law, Justice and the Holocaust. Wed., Jan. 25, 2012, 5:30-7:30 p.m, UCLA Faculty Center.
The Nazi regime used the German legal system to strip legal and civil rights from Jews and other minorities to make them scapegoats for Germany's economic and political problems. How was that allowed to happen? What steps were taken to bring the judiciary in line with Nazi ideology? As we address our own political and economic issues in light of the current economic situation and concerns with homeland security, what lessons can we learn from that period in history?
Featured Speaker: Dr. William F. Meinecke Historian, United States Holocaust Memorial Museum. Panelists: David Kaye, UCLA School of Law; Laurie L. Levenson, Loyola Law School; Charles E. Patterson, Morrison & Foerster.Moderator: Stanley W. Levy, Manatt Phelps & Phillips, LLP.This event is being co-sponsored by Bet Tzedek, The UCLA School of Law and The United States Holocaust Memorial Museum. RSVP by Jan. 19 at (323) 549-5831 or llandry@bettzedek.org
Many thanks to Ben Shatz.
Law, Justice and the Holocaust. Wed., Jan. 25, 2012, 5:30-7:30 p.m, UCLA Faculty Center.
The Nazi regime used the German legal system to strip legal and civil rights from Jews and other minorities to make them scapegoats for Germany's economic and political problems. How was that allowed to happen? What steps were taken to bring the judiciary in line with Nazi ideology? As we address our own political and economic issues in light of the current economic situation and concerns with homeland security, what lessons can we learn from that period in history?
Featured Speaker: Dr. William F. Meinecke Historian, United States Holocaust Memorial Museum. Panelists: David Kaye, UCLA School of Law; Laurie L. Levenson, Loyola Law School; Charles E. Patterson, Morrison & Foerster.Moderator: Stanley W. Levy, Manatt Phelps & Phillips, LLP.This event is being co-sponsored by Bet Tzedek, The UCLA School of Law and The United States Holocaust Memorial Museum. RSVP by Jan. 19 at (323) 549-5831 or llandry@bettzedek.org
Many thanks to Ben Shatz.
Friday, December 30, 2011
Commission To Consider Justice O'Leary's Appoinment
A Court of Appeal appointment becomes "effective when confirmed by the Commission on Judicial Appointments." (Cal. Const., art. VI, s 16, subd. (d)(2).)Accordingly, the Commission will meet Feb. 10 at 11:00 a.m. in Los Angeles to consider the Governor’s appointment of Justice Kathleen E. O’Leary as Presiding Justice of the 4/3.
The commission will consist of Chief Justice Tani Cantil-Sakauye; Attorney General Kamala Harris; and Presiding Justice Manuel A. Ramirez, who sits by virtue of being the senior presiding justice of the Fourth Appellate District.
Tuesday, December 27, 2011
4/3 Welcomes New Presiding Justice
From the press release:"Governor Edmund G. Brown Jr. today announced the appointment of Kathleen E. O’Leary as presiding justice of the Fourth District Court of Appeal, Division Three.
"O’Leary, 60, of Santa Ana, has served as an associate justice for the Fourth District Court of Appeal, Division Three since 2000. Previously, she was a judge for the Orange County Superior Court from 1986 to 2000, where she served as presiding judge from 1998 to 2000. She was a judge for the West Orange County Municipal Court from 1981 to 1986. O’Leary served as a deputy public defender for the Orange County Public Defender’s Office from 1976 to 1981. She earned a Juris Doctorate degree from Southwestern Law School and a Bachelor of Arts degree from Loyola Marymount University.
"O’Leary fills the vacancy created by the retirement of Presiding Justice David G. Sills. This position requires confirmation by the Commission on Judicial Appointments. The Commission consists of Chief Justice Tani Cantil-Sakauye, Attorney General Kamala D. Harris and Senior Presiding Justice Manuel A. Ramirez. O’Leary is a Democrat. Subject to her confirmation, O’Leary will be the first female presiding justice in the history of the Fourth District Court of Appeal, Division Three."
Congrats Presiding Justice O'Leary!
Friday, November 18, 2011
Photos from Presiding Justice Sills Tribute
U.S District Judge David Carter, Chief Justice Tani Cantil-Sakauye, Acting Presiding Justice William Rylaarsdam
Wednesday, November 16, 2011
Celebrating Presiding Justice Sills
Frank Mickadeit at the OC Register covered yesterday's tribute to Presiding Justice Sills. You can read the entire article here. Below are some portions:
"[T]he assemblage at the Reagan federal courthouse made history in [Presiding Justice Sills'] honor. As 125 people looked on in person – and at least an equal number did so via closed-circuit TV from nearby courtrooms – a U.S. marshal called to order the U.S. District Court, presided over by O.C.'s senior federal judge, David Carter. A moment later, a clerk [Toni Cajigal]of the California Court of Appeal division based in O.C. called to order that body, presided over by its senior justice, William Rylaarsdam. Carter and Rylaarsdam were joined on the bench by California Chief Justice Tani Cantil-Sakauye."
"The joint federal-state court session was 'literally a first,' said Carter, who worked with state appellate Justice Richard Fybel to organize the event. Carter, like Sills, a Marine, ran it with precision, punctuality and a big dose of patriotism. A Marine Corps color guard presented the flags. The Saddleback Master Chorale sang 'The Star Spangled Banner' and 'America the Beautiful.' A tall Marine captain escorted Sills' widow, Susan LaCroix Sills, to her seat and then stood stock still for the duration of the indoor portion of the ceremony, for which Carter allotted exactly 45 minutes."
"After the federal courtroom ceremony, about 200 people walked across the street to the state courthouse, where outside a Marine rifle team fired three volleys and a flag was presented to Mrs. Sills. I asked Carter, who was standing next to me, 'I thought Sills didn't want this. What would he say?'"
"'He's a Marine,' Carter replied. 'We weren't going to leave him out there. We were coming to get him.'"
"[T]he assemblage at the Reagan federal courthouse made history in [Presiding Justice Sills'] honor. As 125 people looked on in person – and at least an equal number did so via closed-circuit TV from nearby courtrooms – a U.S. marshal called to order the U.S. District Court, presided over by O.C.'s senior federal judge, David Carter. A moment later, a clerk [Toni Cajigal]of the California Court of Appeal division based in O.C. called to order that body, presided over by its senior justice, William Rylaarsdam. Carter and Rylaarsdam were joined on the bench by California Chief Justice Tani Cantil-Sakauye."
"The joint federal-state court session was 'literally a first,' said Carter, who worked with state appellate Justice Richard Fybel to organize the event. Carter, like Sills, a Marine, ran it with precision, punctuality and a big dose of patriotism. A Marine Corps color guard presented the flags. The Saddleback Master Chorale sang 'The Star Spangled Banner' and 'America the Beautiful.' A tall Marine captain escorted Sills' widow, Susan LaCroix Sills, to her seat and then stood stock still for the duration of the indoor portion of the ceremony, for which Carter allotted exactly 45 minutes."
"After the federal courtroom ceremony, about 200 people walked across the street to the state courthouse, where outside a Marine rifle team fired three volleys and a flag was presented to Mrs. Sills. I asked Carter, who was standing next to me, 'I thought Sills didn't want this. What would he say?'"
"'He's a Marine,' Carter replied. 'We weren't going to leave him out there. We were coming to get him.'"
Tuesday, November 15, 2011
Celebrating Presiding Justice Sills
To those of you who already registered with the OCBA . . . please don't miss today's tribute to Presiding Justice David G. Sills. His "court family," as Justice Sills affectionately called us, looks forward to seeing you there.
Monday, November 14, 2011
Friday's Appellate Practice CLE
Pincus Professional Education is presenting "Appeals: Winning Strategies and Skills from Start to Finish" this Friday, Nov. 18, at the Westin South Coast Plaza in Costa Mesa. It offers 6 units of Certified Appellate Specialist CLE and regular CLE.
Offered every other year, this program is designed for anyone involved in appellate cases at the state or federal level. Coverage includes:
*Certified by The State Bar of California Board of Legal Specialization
Offered every other year, this program is designed for anyone involved in appellate cases at the state or federal level. Coverage includes:
- The Primary Differences - a Comparison between Federal and State Appellate Court
- Making and Preserving the Record in the Trial Court
- Staying Judgments and Orders
- Writs, Motions and Other Procedural Headaches
- More Effective Brief-Writing, from the Justices' perspective
- Outstanding Oral Argument [including a Mock Argument]
- What to do After the Appeal is Over and Other Loose Ends
- Justice Richard Fybel, California Court of Appeal
- Rachel L. Lerman, Akin Gump Strauss Hauer & Feld, LLP
- Nancy L. Kendrick, Managing Attorney, California Court of Appeal
- Todd E. Lundell, Certified Specialist in Appellate Law*, Snell & Wilmer LLP
- Paula M. Mitchell, Career Law Clerk, U.S. Court of Appeals for the Ninth Circuit
- Nate Scott, Senior Attorney, California Court of Appeal
- Mary-Christine Sungaila, Snell & Wilmer LLP
- Becky S. Walker James, Law Offices of Becky Walker James.
- "I liked the range of backgrounds - clerks, practitioners and justices." - M. Poelstra, Esq.
- "Very good; nice to hear about the inner workings of the Court of Appeal." - J. Fagan, Duane Morris, LLP
- "Very on-point and strategic. Excellent information. Succinct!" - A. Deckert, Esq.
- "Excellent help to an appellate practitioner." - G. Bostwick, Esq
*Certified by The State Bar of California Board of Legal Specialization
Tuesday, October 18, 2011
SoCal Appellate Lawyer Nominated for 9th Circuit
Watford practices appellate law at Munger, Tolles & Olson in Los Angeles. He is a member of the California Academy of Appellate Lawyers, an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference, and past co-chair of the ABA Litigation Section’s Appellate Practice Committee. He clerked for Judge Alex Kozinski and Justice Ruth Bader Ginsburg after graduating from UCLA Law School.
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