Shredding time at 4/2

The Court of Appeal, Fourth Appellate District, Division Two (Riverside), has announced its intention to destroy criminal, juvenile, and civil records under Rule 10.1028(d) of the California Rules of Court. The court will destroy all original proceedings filed through December 3, 2002 that have been preserved for a period longer than 10 years. To request a copy of cases on this list, send an email to kevin.lane@jud.ca.gov. Anyone who knows of a reason why any of the above cases should be retained, whether for historical or other purposes, should notify Kevin J. Lane, Clerk/Administrator. The reasons for retention should be in writing, should be received by the court by Friday, June 13, 2014, and should be addressed to: Mr. Kevin J. Lane, Clerk/Administrator, Court of Appeal, Fourth Appellate District, 750 B Street, Suite 300, San Diego, CA 92101.

PJ Klein announces retirement

The MetNews reports today that 2/3's PJ Joan Dempsey Klein will not stand for retention in the November election, and thus, in her words, will be "out of here" on Jan. 5, 2015, ending one of the lengthiest and most distinguished judicial careers in California history. Stay tuned for celebrations and accolades.

Easing the reader's task

Many appeals, especially family law appeals, involve parties with the same surname. The Courts of Appeal often drop a footnote early in the case saying something like "to avoid confusion and for convenience, first names only are used in this opinion and not out of any disrespect for the litigants."
But in a case today, Badalabdishoo v. Lightbourne, here's a twist that you don't see often: The case involves Ms. Rada Badalabdishoo. When the court mentions her in the opinion's first sentence, it abbreviates her name to "Ms. B" and drops a footnote reading: "We abbreviate Ms. Badalabdishoo’s name to ease the reader’s task. We intend no disrespect."




Also from the 5th DCA today, this case (involving a "Mr. B") where an appeal was found to be frivolous, but no sanctions were awarded (against the pro per, impecunious appellant).  (For another brush with appellate sanctions see here.)

Finally, don't miss Judges turn same-sex marriage rulings into writing competition!

2d DCA pro tem updates

The following are currently sitting on assignment:

• Judge Rita Miller of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until May 31, 2014
• Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until May 31, 2014
• Judge Lee Edmon of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Four until May 31, 2014
• Retired Judge Michael Mink will be sitting Pro-Tem in Division Five until May 31, 2014
• Judge Earle Jeffrey Burke of the San Luis Obispo Superior Court, will be sitting Pro-Tem in Division Six beginning April 1, 2014 until May 31, 2014
• Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until May 31, 2014
• Judge Russell S. Kussman of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight until May 31, 2014

Justice Rothschild being considered for 2/1 PJ spot

The MetNews reported earlier this week that "Justice Rothschild [is] Under Consideration for Presiding Justice." The article also gives a rundown on the state of affairs at the 2d District:

There are currently six vacancies on the court. In addition to the presiding justice opening in Div. One, there are vacant associate justice positions in Divs. Two, Four, Five, Six, and Seven.

The MetNews has previously reported that Los Angeles Superior Court Judges John Segal, Luis Lavin, Helen Bendix, Brian Hoffstadt, Lee Edmon, and Sanjay Kumar; U.S. District Judge Audrey Collins; Ventura Superior Court Judge Tari L. Cody; and Southwestern Law School professor Christopher Cameron were under consideration for the court.

Also, check out www.FVAPBOTB.com for information about the Family Violence Appellate Project's Battle of the Bands, which will take place  in LA on July 8.
LA 2014 Line Up....

The Moving PartyO'Melveny & Myers
Power Control
Qualcomm

Down By Law
Reed Smith

Diversion
Latham and Watkins

Papa Gibson and the Writs of Replevin
Gibson Dunn

Band Morrison
Morrison Foerster
Hostile Witness
Norton Rose Fulbright & Case Knowlson

Privileged Communications
Perkins Coie LLP

Run DLA
DLA Piper

Legally Blonde
Proskauer Rose

Belize it!

Here's a report that Justice Moreno (ret.) has finally been confirmed as ambassador to Belize.
And this: 12:27 p.m. — On a voice vote, the Senate confirmed the nomination of Carlos Roberto Moreno of California to be ambassador to Belize.


[Click here to see a funny report to which we can only say, "uh, that's Ron, not Carlos!"]


Speaking of retired justices, Kathryn Doi Todd is being honored at the ABA's Margaret Brent Women Lawyers of Achievement Awards Luncheon on August 10 ... in Boston at the ABA's Annual Meeting.

Insights about the 9th on 5/22

On May 22 @ noon LACBA's Litigation Section presents Insights from the Ninth Circuit: A Candid Conversation with Chief Judge Alex Kozinski & Judge Paul Watford at the 9th Circuit courthouse in Pasadena. Bring your lunch and questions for an enlightening and no doubt entertaining program.



Interesting concurrence today here from 2/8 referencing an unpublished opinion.

Also, This evening is the LACBA ACS Spring Happy Hour at the Sportsmen's Lodge in Studio City starting at 6:30? If you've an interest in the local appellate scene and happen to be in the Valley, come on by!

$10K in Appellate Sanctions Imposed

In the unpub'd Rouzbahan v. Fregoso today, 2/7 imposes $10K in sanctions on appellants' counsel for pursuing a frivolous appeal and filing a misleading brief. Appellants' counsel took nearly a year to file the opening brief (from the filing of the notice of appeal), got the standard of review wrong, made a substantial evidence argument that was "unquestionably without merit," and further did not provide a full RT of the trial, "thereby frustrating any meaningful review of the evidence" -- all items inching towards sanctions. But what seems to have pushed this over the edge was how the brief presented a "misleading description of the record" and then "falsely asserted" that there was no evidence of a certain point when plainly there was. Respondent had moved for $27K in sanctions, but only $10K was awarded, based in part on the "difficulty" -- really, the lack thereof -- "of the issue presented on appeal."

No connection to the case whatsoever;
but if you're a baseball fan (and many SoCal Appellate Lawyers are),
be sure to visit this exhibit now in SoCal!

Also issued today:

Insights Into Appellate Review of Equitable Judgments

FYI, it's Juror Appreciation Week!


On May 20, the Title Subsection of LACBA's Real Property Section presents: An Insider’s Insights Into Appellate Review of Equitable Judgments (from noon to 1:30 at the DoubleTree LA Downtown). So who's the insider?

Program Information:
Presiding Justice Arthur Gilbert of Division 6 of the Second District Court of Appeal will discuss the standards of review and how elusive they can be when applied to trial court judgments in so-called “equity cases.” He will speak about how the Court of Appeal decides such cases, what it considers in its review of the record, and the approach it takes in writing a judicial opinion. He will suggest ways in which trial and appellate attorneys can best protect their clients’ interest in “equitable” cases.

May/June appellate events

Want to see a Cal Supreme Court Justice in Orange County (but can't make the Chief's show on June 2)? Then sign up to see Justice Corrigan, who will be the keynote speaker at the Public Law Center's Volunteers For Justice 2014 Annual Dinner on June 16. Details here.


Below is a running list of appellate events (if yours is missing, let me know!):

SDCBA Appellate Court Committee lunch program May 20: Cliff Gardner on Persuasion in the Toughest Appeals
=======
OCBA's Appellate Law Section lunch with Chief Justice Tani Cantil-Sakauye on Monday, June 2 @ noon to 1:30 at the Pacific Club. Sign up now, here.
========
BHBA lunch with the Chief and her cohorts the following day in Beverly Hills on June 3. Details here.

======
Justice Corrigan will be the keynote speaker at the Public Law Center's Volunteers For Justice 2014 Annual Dinner on June 16. Details here.
====
LACBA presents What Are You Doing Here? The Role of Appellate Counsel in Trial Courts, June 18.
========
Save the Date for the SDCBA ACC's "Tour of the Court of Appeal" [4/1, naturally] set for June 26.

Appellate stars speaking at law school commencements

Today's Recorder offers Who's Speaking at this Year's Commencements, noting "Former U.S. Supreme Court Justice John Paul Stevens will be the star speaker in Southern California. Stevens will address graduates of UCLA School of Law. Goodwin Liu, associate justice for the California Supreme Court, will deliver remarks at UC-Irvine School of Law," and "David Boies and Ted Olson, the bipartisan legal team that overturned California's ban on same-sex marriage, will speak at UC-Berkeley School of Law's graduation."

Today the DJ published its 2014 Top Women Lawyers list, which includes SoCal appellate lawyers Miriam Vogel and M.C. Sungaila.

Lunch with the Chief in Orange County on 6/2/14 + Other upcoming events

OCBA's Appellate Law Section hosts a lunch program with Chief Justice Tani Cantil-Sakauye on Monday, June 2 @ noon to 1:30 at the Pacific Club. Sign up now, here.
========
OR  sign up here for lunch with the Chief and her cohorts the following day in Beverly Hills on June 3.
========
LACBA's Appellate Courts Section has a business meeting today, 4:30 to 6:00 in the 2d District's Employee Lounge. No mcle, but no charge either! The meeting will include (1) a report from the Chair on the Section's MCLE programs during the past few months and plans for future programs; (2) a report on the progress of the planned oral history project; (3) a report from the Rules and Laws Subcommittee; (4) a treasurer's report; (5) a report from the Liaison Subcommittee; and (6) an open-ended discussion of member ideas and requests for future programs. Come, participate, and raise your issues.
============
Meanwhile, down in San Diego, the SDCBA Appellate Court Committee offers a lunch program on May 20: Cliff Gardner on Persuasion in the Toughest Appeals -- "A leading death-penalty appellate practitioner explains how to handle the most challenging of cases. You will  gain greater knowledge of appellate procedure, attorney-client relationships, and effective brief writing."
And if you want to get an inside view of  4/1, Save the Date for the SDCBA ACC's "Tour of the Court of Appeal," set for June 26.
============
For a recent article about 4/2's settlement program, see the March issue of Riverside Lawyer (the ADR issue) here (pp. 15-16, Some Reflections Concerning Our Fourth District, Division Two, Court of Appeal's Settlement Conference Program, by William DeWolfe).
============
You've  heard of the "disappearing trial" [5/8/14 update see The Death of the Civil Jury Trial in today's DJ] but have you heard of the disappearing dissent? Sounds like a case for Sherlock Holmes: See today's Recorder story, Federal Circuit Yanks Rader's DataTern Dissent.

Cinco de Mayo Appellate roundup

Tidbits of note today: Three items in the DJ (one already noted in the post below).

Another is PJ Gilbert's monthly column, the current installment titled Taming Chaos, notes "whatever one thinks about the merit of any judicial opinion, or lawyer's brief, for that matter, the enterprise involves the same goal: bringing order out of chaos." He goes on to applaud the photographic artistry of lawyers Irv Greines and Eric Lawton.

Third: Justices Dial Back Caustically Worded Opinions, about modifications to the published  4/3 opinion in People v. Tirey, which had received attention because of the "strongly worded" nature of the  majority and dissenting opinions.

Also, from last week, The Recorder reported Snapchat Taps Hogan Lovells Partner for GC Slot about an appellate lawyer going in-house. That shouldn't seem so odd: Appellate lawyers would make great GCs for many reasons (ability to oversee and improve legal work, work in teams, have a broad general scope of legal expertise, etc.)...

Sticking to your story on appeal; and appealability issues

Is public admonition appropriate where "appellate counsel for the minor took a position completely opposite to that taken by minor’s trial counsel, did not receive authorization from minor’s guardian ad litem to change minor’s position, and did not explain why she had changed minor’s position until we ordered her to do so"? Not in In re Klein, but the court wrote anyway "to provide guidance to FDAP and to those who represent minors in appellate proceedings to clarify the court’s expectations of them in such matters."
[5/5/14 update: See today's DJ for Lawyer Narrowly Escapes Admonishment in Juvenile Court Matter: Lawyer for girl argued against the opinion of her court-appointed guardian.
8/22/14 update: The Supreme Court depublished this case.]

Also, some appealability cases of note this week:  Embroidery Indus. v. ROC Fashion and City of Pleasanton v. Spitzer.

v. ?

Who will get Kennard's seat?

The DJ's Emily Green reports that multiple unnamed sources say that all the candidates for Justice Kennard's spot on the Supreme Court are Latino. Those in the running are reported to be 6th DCA Justice Miguel Márquez, federal district court judges Yvonne Gonzalez Rogers and Fernando Olguin, and law school deans John Trasvina (USF) and Rachel Moran (UCLA), and professor Mariano-Florentino Cuellar (Stanford).

Speaking of diversity on the Supreme Court, what about representation by Southern Californians? Judge Olguin and Dean Moran would at least fit that bill.

Do you strive for dignity, courtesy & integrity?

“Civility” Oath Rule Adopted by Supreme Court

Will apply to new lawyers

Who's going to make the first joke about it "applying to new lawyers" - so we're all  off the hook?

The Supreme Court today announced that it has adopted rule 9.4 of the California Rules of Court to supplement the attorney oath for new lawyers. The oath will include a statement that the attorney will strive to conduct himself or herself with dignity, courtesy, and integrity.

"Primo" Insights + Award for Justice Liu

Happy Law Day! (Originally intended to counter the celebration of Labour Day aka International Workers' Day.)

The Haymarket affair is generally considered significant
as the origin of international May Day observances for workers

And there's no better day for Justice Goodwin Liu to receive a judicial service award from the Southern California Chinese Lawyers Association, tonight at the Golden Dragon. Details here.


Today's DJ profiles Justice Eugene Premo of the 6th District (6th District Justice Eugene M. Premo, who's been on the bench for 45 years, has plenty of insights). The article notes that he uses technology "sparingly" and that he "takes a hands-off approach to his own decisions," leaving it to his research attorneys "to write the first draft of opinions and doesn't direct them how the decision should come out." Then they talk about it if he disagrees.


"I got all I can deal with here;
I don't worry about [the Supreme Court reviewing my opinions]."