Is an order on a motion to tax costs appealable?

"California’s appellate courts are divided as to whether an order on a motion to tax costs on appeal is an appealable order."
Today 1/5 sides with the "yes" faction: Williams v. Safire (A132145).


William Safire has absolutely nothing to do with this case, Williams v. Safire.

Also see Williams v. Safire (A133759) ("We dismiss the appeal, as we conclude the order denying appellant’s motion for sanctions is not immediately appealable.")

March 2013's Pasadena line-up

We recently noted how the 2d District Court of Appeal is having a Bonanza of visiting judges.
Not to be left behind, the 9th Circuit is throwing a party of its own, with six visiting judges on Pasadena's March calendar:
Judges Ralph Beistline (D. Alaska), Suzanne Conlon (N.D. Ill.), Sam Haddon (D. Mont.), Matthew Kennelly (N.D. Ill.), Leslie Kobayashi (D. Haw.) and Mark Wolf (Chief Judge, D. Mass.), are all lending a helping hand next month.

Other non-SoCal 9th Circuit judges joining the fun are Judges Gould, Hawkins, Thomas, and Hurwitz.
And SoCal regulars taking the elevator down to the courtrooms are Judges Wardlaw, Paez, Watford, Goodwin, Kozinski, Nelson, and Tashima, as well as Pregerson and M.Smith (who will have to drive from their non-Pasadena SoCal chambers).

iPads allowed in the Courtroom -- in the 6th

Sixth Circuit, that is. As far as I know, none of the California Court of Appeal Districts -- even the 6th District in the heart of Silicon Valley -- have a policy allowing computers or phones (is there a difference now anyway?) routinely. Instead, special permission must be sought. But in the Sixth Circuit, devices are now allowed, limited to counsel and for purposes of the argument. So, it's ok to use the iPad for an argument outline or to quickly find something in the record; but no internet surfing while waiting for your case to be called. In contrast, the Ninth Circuit has a pretty laid back electronics policy.

2013 Beacon of Justice Awards

The annual LA County Law Library Gala and presentation of the Beacon of Justice award will be April 3.
Past recipients include Justice Norman Epstein (2005), Justice Earl Johnson (2006), Shirley & Seth Hufstedler (2007), Justice Arthur Gilbert (2008), Chief Justice Ronald M. George (2009), Justices Charles & Miriam Vogel (2010), and Chief Justice Tani Cantil-Sakauye (2012).
In a change of pace for this year, the award recipients will not be from the appellate world.
Keeping with the couples theme, however, the 2013 Friends’ Beacon of Justice Award will be presented to one of LA'a most distinguished couples -- LA Superior Court Presiding Judge Lee Edmon and Los Angeles County Bar Association (LACBA) President Richard Burdge.

Judicial Demographic report released

Demographic Data Provided by Justices and Judges Relative to Gender, Race/Ethnicity, and Gender Indentity/Sexual Orientation as of Dec. 31, 2012



The Court of Appeal stats are as follows: Of 100 COA Justices, 69 are "Male" and 31 are "Female" --
79 are "White Only," 6 are "More than One Race," 5 are "Black or African American Only," 5 are "Hispanic or Latino Only," 3 are "Asian Only," 1 is "Some Other Race Only," 1 is "Information Not Provided," and 0 are "American Indian or Alaska Native Only" and "Pacific Islander Only."


Further, 65 are "Heterosexual," 34 are "Information Not Provided," 1 is "Gay," and 0 are "Lesbian," "Bisexual," or "Transgender."

See California Bench Growing More Diverse, Annual Survey Indicates

Pro-Tem Bonanza in the 2d District

"We're from the government and we're here to help!"
Judge Edward A. Ferns of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two until March 31, 2013.

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

Judge Brian M. Hoffstadt of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One for case B233542

Judge John Segal of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until March 15, 2013.

Judge Craig D. Karlan of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Eight until February 28, 2013.

Judge Vincent J. O’Neill of the Ventura Superior Court, will be sitting Pro-Tem in Division Five beginning March 1, 2013 until April 30, 2013.

Judge Rex Heeseman of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three beginning March 25, 2013 until May 31, 2013.

Judge Douglas W. Sortino of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Two on March 25, 2013. 

Welcome Back, Scar?

The anti-SLAPP hits just keep coming...
Jacobson v. Palmdale School District.

The Appellate Court Experience (Feb. 2013)

No, not a psychedelic rock concert (The Jimi Hendix Experience), but just as exciting!
The Appellate Court Experience, colloquially known as ACE, is a program sponsored by the Constitutional Rights Foundation, in which lawyer volunteers (usually from the LACBA ACS) explain the court system to a class of high school students; the students then go to the 2d District Court of Appeal to watch oral argument in a case selected just for this program, and ask questions of the lawyers and justices; then, when the case is decided, the volunteers return to the classroom to discuss the outcome.
The 2d District's ACE page lists program details and the 30+ schools that have participated.
The next ACE session is scheduled for this Thursday.

Many thanks to ACE volunteers Tyna Orren and Christian Pereira (working with Mayfair High School) and Neil Kalin and Armen Tamzarian (working with Los Angeles High School).

If you'd like to volunteer contact me.

Blog on Dispositive Motions

Most appeals aren't from full trials, they're from dispositive motions. Thus, appellate practitioners need to be intimately familiar with the ins and outs of such motions. Enter appellate lawyer Rebecca Lefler of Tucker Ellis and her blog Dispositively.com. Rebecca is a member of various appellate bar groups, including the LA County Bar Appellate Courts Section, where she has volunteered for the ACE program.


Here's what Rebecca has to say about her blog:

I’ve been working on a blog about dispositive motions at http://dispositively.com. It’s a blend of information I think may be useful for newer motion writers, along with things that I, as an attorney who handles appeals, hope motion writers think about when preparing motions.

I spend about half my time writing dispositive motions (motions for summary judgment, demurrers, motions for judgment on the pleadings, etc.), and the other half handling appeals. I have found that some of the details of dispositive motions can be confusing to those who don’t do these kinds of motions every day (they certainly confused me when I started out!). Also, some of the subtler issues—the kinds of things that get summary judgments overturned on appeal—are often not addressed in the practice guides. So I started jotting down my thoughts about the kinds of things that contribute to solid, well-supported motions, such as what makes a fact “material,” burdens of proof versus burdens of production, etc.

My hope for the website is to create a helpful reference site for anyone looking for information while preparing dispositive motions. I have started with motions for summary judgment, but I plan to discuss demurrers, motions for judgment on the pleadings, motions for nonsuit, etc. Right now it is California-based; I may expand to other jurisdictions at some point. Eventually I may compile the information on the site into a small published practice guide on dispositive motions.

So feel free to check it out at http://dispositively.com, and/or pass it on to anyone you think may find it of use. Thanks!

Is OSCAR a grouch?

OSCAR has been taking a public relations beating lately, which might account for this positive-spin article in The Third Branch: More Federal Judges Participate in OSCAR in FY 2012



Note: "On April 9, 2013, the latest version of OSCAR, Version 7, will be deployed with new features to improve this transparency in law clerk hiring."

Justice Mosk on Hank Greenberg

Today's DJ features a book review of John Rosengren's new biography of Hank Greenberg (titled Hank Greenberg: The Hero of Heroes, not to be confused with his earlier book, Hammerin' Hank, George Almighty, and the Say Hey Kid) by 2/5's Justice Mosk. The Greenberg family has a connection to the SoCal legal community: Hank's son is a former partner at Manatt.


"Rosengren's biography of Greenberg contains the lessons that practice, dedication, principle, and integrity can lead to success. Hank Greenberg belies the notion attributed to Leo Derocher that 'Nice Guys Finish Last.' For those who love sports or history or just a good read, this is a book worth picking up."

Tequila decision should've issued tomorrow...

Given that tomorrow is National Margarita Day, couldn't the court (2/3) have waited just one day to issue this decision... Patrón Spirits v. Singh.

Do you have ideas to improve the Courts' website?

As a California appellate lawer you're obviously a big user of the Judicial Branch's website -- tracking dockets, getting opinions, signing up for email notification, etc.
Perhaps you have ideas for improving the website? If so, please respond to the online California Courts Website Survey.

Appeals not his forte?

As reported in the MetNews -- Court Declares Man ‘Vexatious Litigant’ on Own Motion -- yesterday the 5th District sua sponte declared a pro per to be a vexatious litigant. See In re Forte, F066514.

OCBA ALS says: Boo to Billable Hours!

The Orange County Bar Association Appellate Law Section's next meeting will feature Santa Barbara appellate specialist John Derrick discussing the history of the billable hour, its future, and how to arrange profitable alternative billing plans. John, the author of Boo to Billable Hours, is also the editor-in-chief of California Litigation magazine. John presented to LACBA's ACC on this topic in January 2012, so for LA folks who missed this last year, now's your chance.
Details: Thursday, March 7, 2013
12:00 pm - 1:30 pm @ Chapter One, 227 N. Broadway, Santa Ana

A "story of optimistic persistence"

Today's Daily Journal profiles 5th DCA Justice Rebecca Wiseman.

SoCal appellate lawyers Rick Derevan (Snell & Wilmer) and Miriam Vogel (MoFo) are noted as having had cases before Justice Wiseman.

Appellate Specialist Robert Cooper on Special Verdicts in today's DJ

Today's DJ has a column by Robert Cooper, appellate specialist at Wilson Elser, about defective special verdicts.

 

SoCal SuperLawers convene at the Beverly Hills Hotel

Last night was the reception for Southern California Super Lawyers, which always includes a swath of the SoCal appellate community. Pictured below are Sarvenaz Bahar, Beverly Pine, and Norm Pine. I also saw Caroline Chan, Herb Fox, Mark Schaeffer, Gerry Serlin, and Roy Weatherup. No doubt many more of you were there too.

Are SCOTUS's requirements too onerous?

No, this isn't about how difficult it is to get a cert petition granted. Instead, in Petitioning Rube Goldberg's Supreme Court, essayist and petitioner Aaron Greenspan argues that the Supreme Court's "publishing and printing guidelines [are] a weapon against the American public."

Law360 Appellate interviews Ted Boutrous

Law360 Appellate features a Q&A With Ted Boutrous, who co-chairs GDC's Appellate and Constitutional law group. Naturally there is discussion of Dukes and Prop. 8...