What's your headgear in court?

Today's Wall Street Journal has a story about how solicitors in Hong Kong really want to be able to wear wigs like barristers: Wigged Out: Hong Kong's Lawyers Bristle Over Horsehair Headpieces --- Holdover From British Rule Causes Legal Split; 'It's Magical'

The article quotes a barrister who says, "When I wear my wig, I know something big is going to happen .... It makes me feel like I have more responsibility. I think I exude more energy than without it. It's magical."

No wig for you!

You're wrong and you're outta here!

In the Rodney Dangerfield department, today's DJ has an article titled Reassignments Rare on Reversal, Considered a Stinging Rebuke by Judges about what it means when the Ninth Circuit not only reverses a district judge, but also then orders the case reassigned to a new judge. As the DJ puts it: "Ouch."
The article notes that "many judges never experience the embarrassment of reassignment, some get reassigned with regularity," noting that Central District Judges Real and Wright together have had six reassignments in the past 18 months.

You want a second opinion? Ok, you're wrong and you're off the case!

What are the factors for reassignment: whether the judge would have difficulty putting his or her expressed views or findings found to be erroneous out of his or her mind; whether assignment is advisable to preserve the appearance of justice; and whether reassignment would be a waste of judicial resources or out of proportion to any benefit.

Once again, You Are Invited...

You are cordially invited to comment on proposed changes to the Ninth Circuit's rules here, primarily regarding electronic filing. Email your comments to the court by May 20.

APJ Gilbert aka The Plaintiff

Today's Law360 has an article titled Justice Blasts Calif. Ban on Judges Taking Public Jobs -- which might lead you to think that it reports on something a justice said in court from the bench last Friday. But actually this is about 2/6's APJ Gilbert's speaking out in court -- as the plaintiff in his own lawsuit Gilbert v. Controller of the State of California (LASC BC487949). (The DJ also has an article about it today captioned Retired Judges Should be Able to Take other Government Jobs, Appellate Justice Testifies.) What's this all about? Well, Justice Gilbert says that he may want to retire before the end of his present term in 2019. But there is a state Constitutional provision (sometimes called the anti-moonlighting provision) that apparently prevents judges from taking a state job during their terms of office -- even if the judge has left that office!
Stay tuned....

LA Law Library Events Next Week

In celebration of National Law Day on May 1, 2013, LA Law Library and its partners are offering a full “Law Week” of legal seminars, classes and clinics.  These events will be held both at the Main Library and other locations throughout the county.  The Law Week Finale is a performance by the LA Lawyers Philharmonic Orchestra on the evening of Monday, May 6 at the Main Library. 

All events are free and open to the public.

Monday, April 29, 2013
Public Records Access, 2:00 – 3:00 pm, LA Law Library Main Library
In a one-time offering to celebrate National Law Day, LA Law Library Executive Director Sandra J. Levin will outline the processes and procedures for obtaining public records from state and local agencies in California.
Lawyers in the Library, 5:30 – 7:30 pm, Panorama City Branch LibraryFor those in need of legal assistance, the San Fernando Valley Bar Association is offering free 20 minute consultations with volunteer attorneys at the Panorama City Branch Library.  Topics covered range from bankruptcy and credit card debt to disability law and landlord/tenant issues.
Tuesday, April 30, 2013
Teens and the Law, 4:30-5:30 pm, Los Angeles Public Library, Central BranchPresented by the Center for Juvenile Law & Policy at Loyola Law School and LA Law Library, this program is designed to introduce teenagers to the law.  High school-age students and their parents will be presented with a variety of scenarios frequently experienced by teenagers and what they can do to protect themselves.
Wednesday, May 1, 2013
“Ask A Lawyer” Program, 8:30 am – 4:30 pm, LA Law Library Torrance BranchIn support of the South Bay Bar Association’s “Ask A Lawyer” Program taking place at the Torrance Superior Court, LA Law Library Torrance Courthouse Branch (located on the first floor) will be open and providing its full range of research support and guidance to self-represented litigants and attorneys.
Thursday, May 2, 2013
Landmark Supreme Court Cases That Have Affected Law & Society, 2:00-3:00 pm, LA Law Library Main LibraryLA Law Library reference staff will give an overview of Supreme Court cases that have affected law and society.  Learn about the library, legal research, and cases that have had a profound effect on all Americans.
Friday, May 3, 2013Representing Yourself in Federal Court, 12:00-1:00 pm, LA Law Library Main Library
Attorneys and paralegals from Public Counsel Law Center who regularly provide assistance to unrepresented litigants will provide guidance and information on preparing a case for federal court and appearing before a judge.
Saturday, May 4, 2013
Estate Planning, 10:00-11:00 am, LA Law Library Main LibraryEstate Planning Attorney Elizabeth Botsford will discuss the steps that need to be taken to prepare for the transfer of assets and what can be done today to maximize the value of an estate.  She will address the basics of wills, living trusts, advance healthcare directives, and powers of attorney.
Lawyers in the Library, 2:30 – 5:00 pm, Panorama City Branch Library
For those in need of legal assistance, the San Fernando Valley Bar Association is offering free 20 minute consultations with volunteer attorneys at the Panorama City Branch Library.  Topics covered range from bankruptcy and credit card debt to disability law and landlord/tenant issues.
Monday, May 6, 2013
LA Lawyers Philharmonic Orchestra Concert
Reception - 5:00 PM Concert - 6:00 - 7:00 PM
Having performed at Disney Concert Hall and Dorothy Chandler Pavilion, Gary Green, Esq. and the LA Lawyers Philharmonic bring their 50-musician orchestra to the LA Law Library for an enjoyable and entertaining evening of classical and contemporary melodies for music lovers of all ages.  RSVP:  www.lalawlibrary.org/CONCERT

Judge McKeown to Lead Federal Judges Ass'n

Ninth Circuit Judge McKeown, based in San Diego, has started a two-year term as president of the Federal Judges Association. (Ninth Circuit Press Release here; Met News article here.)
As has been well documented (e.g., the DJ's 5/24/07 profile), Judge McKeown is a mountaineer.
No doubt she will put her climbing and endurance skills to good use working on surmounting the many challenges facing the federal judiciary.

4/25/13 Update: The Recorder's story is here.

California's falling apart... literally...

For administrative purposes our California State Bar geographically divides the Golden State into Districts that mirror the Court of Appeal Districts. Presumably to help lawyers figure out which district they're in, the bar provides a handy map, here. But, oddly, this map makes it look like the state is crumbling apart...

Channel Islands not to scale!

Pro Tem Watch: Another two months in 2/6 for Judge Hoffstadt...

In the "asking for late-check-out" department, Judge Hoffstadt's visit to 2/6 has been extended to the end of June. With the vacancy from Justice Coffee's retirement, 2/6 may be very happy to keep that seat filled with a pro tem indefinitely...

Judge Brian M. Hoffstadt of the Los Angeles County Superior Court, will be sitting Pro-Tem in Division Six until June 30, 2013.

SLAPP Happy? A Trifecta!

Today you can enjoy a matched pair of SLAPP articles in the Daily Journal and Recorder.
{Update: Make that a trifecta! See below...}
Scott Graham's article in The Recorder, Rethinking Anti-SLAPP, covers the recent Makaeff v. Trump University and Mendoza v. Hamzeh opinions, which special emphasis on how the concurring opinions from Chief Judge Kozinski and Judge Paez urge that California's anti-SLAPP law should not apply in federal court. As the Chief put it, the Ninth Circuit made "a big mistake" when it decided over a decade ago to apply California's law in federal court, and he's pushing for the Circuit to revisit that issue en banc.

Not to be outdone, today's DJ has an article from Mark Goldowitz and Evan Mascagni at CASP (the California Anti-SLAPP Project) advocating the need for a federal anti-SLAPP statute.

AND see today's Met News for an article about Mendoza titled 

Court of Appeal Upholds Denial of Lawyer’s Anti-SLAPP Motion

Demand Letter Characterized as ‘Extortion’ Not Protected by Statute, Panel Says
And Greg May blogs on the case here.

Kumbaya or Not!

Today's DJ features a cover story -- State High Court Splits, Less on Ideology But on How Much to Rely on Legislative History -- about 4-3 splits in California Supreme Court opinions over the past year. According to the article, Justices Kennard and Baxter use a plain meaning interpretation of statutes, but Justices Werdegar and Liu "tend to place more emphasis on the law's legislative history." The article quotes Professors Gerry Uelman and Sean Martin, as well as Kennard staff attorney John Murphy.

Simplified to:

just can't get away from the pork theme this week...

"PC487" license plate joke...

What is Penal Code section 487? Grand theft, of course.
So the license plate joke answer is.... Grand Theft Auto.
And, for a primer on the famous videogame by that name, read this Ninth Circuit opinion.

Penal Code section 487, subdivision (d)(1), is the precise citation for GTA.
That same subdivision is also amusing in enumerating not just automobiles for grant theft treatment, but also a variety of farm animals! The exact listing is:

An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.

One of these things is not like the others....


Also, I'm no farmhand -- and no drafter of legislation, either -- but why wasn't it enough to simply say "pig," which would presumably cover hogs, sows, boars, gilts, barrows, and shoats for that matter! If it's enough to say "bovine animal" or "caprine animal," wouldn't "porcine animal" have sufficed? And why go on after listing "mule" to then list "jacks" and "jennys" -- male and female mules [see correction below], respectively? Perhaps when this was drafted legislators were paid -- like paperback hacks -- by the word?

PC 487(d)(1) v. Animal Farm -- Are all pigs equal?

Mr. Ed(ucation) UPDATE: Reader Charles Hokanson points out that Jacks and jennys are male and female donkeys; whereas mules are hybrids (between horses and donkeys). A valuable correction. But the point remains, why not just use "equine animals" (covering horses, mules, donkeys, and perhaps even eohippises) and be done with it? Oh well, enough horseplay.

You are cordially Invited...

Here's an invitation you can't refuse: An Invitation to Comment!

The Spring rules proposals are out and circulating now with comments accepted until June 19.
The appellate proposals you care about are SPR13-02 to SPR13-10.
So take a look here and get those comments in...

SPR13-02: Appellate Division Rules & Form (misdemeanor appeals)
SPR13-03: Defaults in Procuring Record
SPR13-04: Civil Case Info Statement
SPR13-05: Decreasing the Number of Copies of Filed Documents
SPR13-06: Felony/Juvy Appeals Transcripts
SPR13-07: Civil Appeals RTs
SPR13-08: Seal Records
SPR13-09: Signatures on Filed Documents
SPR13-10: Writ Proceedings

And the answer is.... A Fischer of Mensches!

Drum roll please. The answer to legal license plate riddle number one is...

Dennis A. Fischer

... a well known appellate specialist who handles criminal appeals.
Dennis reports that another famous Southern California appellate luminary once had a license plate that read: WRIT EM.

Want 20% postjudgment interest?

Judgment creditors love California's 10% statutory interest rate (CCP 685.010).
But where can you double that love and find a 20% postjudgment interest rate?
According to yesterday's 2/5 published case, to get such a WONderful rate, start swimming west to the Land of the Morning Calm...

Gotta love a 20% interest rate! Good incentive to pay up.

Another legal license plate!

Driving to the office this morning I noticed and snapped the pic below:

Two questions:
First, any idea who this might be?
Second, this person has a good sense of humor! Email me the meta-message embedded in the joke here to claim credit for "getting it."
Hint: Residents of the city of "Los Santos" in the state of "San Andreas" will get it immediately...

Herb Fox on Tricky Dick's Early Days

Appellate lawyers do a lot of legal research. In the course of that exhaustive (and exhausting) review of case law, interesting tidbits often pop out. When that happens, please share them with SCAN, as Herb Fox has done. Herb writes:

While researching a string of cites in another case, I came across a 1942 opinion from the Second District COA describing a "young attorney" by the name of Richard M. Nixon, who  in 1938 accepted a property in satisfaction of a judgment in his client's favor, allegedly without her consent or knowledge.  The Court of Appeal said that Nixon "was occasionally employed by the firm of Wingert and Bewley" as their “outside man...” [whatever that means! (Michael Clayton?)] The trial court apparently found no wrongdoing by our soon to be famous Tricky Dick. The case is Schee v. Holt (1942) 56 Cal.App.2d 364.

Young Mr. Nixon

Today's DJ appellate articles

The Daily Journal is a reliable source of appellate law articles -- or perhaps its more accurate to say that California's appellate bar is a reliable source of articles that the DJ will publish. Today's edition contains two articles of note: Myron Moskovitz has an article titled Strategize Before Drafting A Statement of Decision and Simon Goodfellow has one titled Your Opponent Appeals an Order to Arbitrate: Can he do that?

Thanks for the tips, guys!

And today's Law360 Appellate has an article titled 5 Tips For Keeping An Appeal On The Table. One of the bromidic quintet is "Hone in on Appealable Issues." I'd add a tip: Consult Garner's Modern American Usage to learn that the traditionally correct phrasing is "home in," not "hone in."

A garish distortion of the record equals...

Q: So what happens when an opinion from 4/1 says: "[w]e are troubled by Attorney Defendants utter failure to provide a 'summary of significant facts limited to matters in the record'" and "Defendants' appeal garishly distorts the record and has no basis in law or fact..." and "We cannot sit idly by when several members of the bar fail to live up to the standards of the profession"?

A: Appellate sanctions of over over $60K (of which $8,500 goes to the Court of Appeal).

Details about this anti-SLAPP/appellate sanctions extravaganza at Kleveland v. Siegel & Wolensky, LLP.

Things get a bit eerie (in a good way!) for Kleveland.

As far as we know, this famous steakhouse
has nothing to do with the sanctioned Appellants.

"Everything you Wanted to Know About Appeals but Were Afraid to Ask"

OCBA's May 2 Appellate Law Section lunch program will feature 4/3's Justice Fybel sharing his views on appellate practice in 4/3 and beyond. Details here.

Justice Fybel

Not Justice Fybel

Who's geekier: Patent lawyers or Appellate lawyers?

This week's Recorder (Week of April 15, 2013, p. 11) has an article about the Patent Office's new Silicon Valley branch, which features patent lawyer Neil Smith holding a California license plate (presumably his) that reads: PATENTS.


Close enough:
This is not Neil Smith's license plate; his reads PATENTS.

Not to be outdone, an intrepid Southern California appellate specialist has been driving his Volvo sporting the personalized plate below for many years now. Do you know who this is? (Send your answers by Friday, May 19 to BShatz@manatt.com.)

Do you know who owns this awesome appellate license plate?