Southern California Appellate News

Appellate Bonds

noreply@blogger.com (Nate Scott) — Mon, 23 Jan 2012 18:42:00 +0000

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.

Justice Codrington to Swear in OCBA Officers, Directors

noreply@blogger.com (Nate Scott) — Thu, 19 Jan 2012 18:59:00 +0000

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!

Appellate Event Today in LA

noreply@blogger.com (Nate Scott) — Tue, 17 Jan 2012 18:50:00 +0000

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

noreply@blogger.com (Nate Scott) — Tue, 17 Jan 2012 18:43:00 +0000

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

noreply@blogger.com (Nate Scott) — Tue, 17 Jan 2012 18:28:00 +0000

Tomorrow the Ninth Circuit will sit at UCI Law School.

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)

Law, Justice and the Holocaust

noreply@blogger.com (Nate Scott) — Wed, 11 Jan 2012 21:39:00 +0000

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.

Commission To Consider Justice O'Leary's Appoinment

noreply@blogger.com (Nate Scott) — Fri, 30 Dec 2011 22:27:00 +0000

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.

4/3 Welcomes New Presiding Justice

noreply@blogger.com (Nate Scott) — Tue, 27 Dec 2011 22:19:00 +0000

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!

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:43:00 +0000

All photos courtesy of Court of Appeal

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:43:00 +0000

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:42:00 +0000

U.S District Judge David Carter, Chief Justice Tani Cantil-Sakauye, Acting Presiding Justice William Rylaarsdam

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:34:00 +0000

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:33:00 +0000

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:32:00 +0000

Photos from Presiding Justice Sills Tribute

noreply@blogger.com (Nate Scott) — Fri, 18 Nov 2011 17:32:00 +0000

Celebrating Presiding Justice Sills

noreply@blogger.com (Nate Scott) — Wed, 16 Nov 2011 17:26:00 +0000

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.'"

Celebrating Presiding Justice Sills

noreply@blogger.com (Nate Scott) — Tue, 15 Nov 2011 19:43:00 +0000

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.

Friday's Appellate Practice CLE

noreply@blogger.com (Nate Scott) — Mon, 14 Nov 2011 21:59:00 +0000

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:

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

The Orange County faculty includes:

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.

Our colleagues have enjoyed the Pincus appellate seminars:

"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

You can register here. Can't make it? Order the audio program here. Legal Aid attorneys should contact Sonya at 877-858-3848 for special discounts and scholarships.

*Certified by The State Bar of California Board of Legal Specialization

SoCal Appellate Lawyer Nominated for 9th Circuit

noreply@blogger.com (Nate Scott) — Tue, 18 Oct 2011 15:28:00 +0000

President Obama nominated appellate lawyer Paul J. Watford to serve on the Ninth Circuit yesterday.

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.

First Monday

noreply@blogger.com (Nate Scott) — Wed, 28 Sep 2011 16:36:00 +0000

Expert insight on the U.S. Supreme Court at the Pacific Club. No appellate lawyer should miss this! Sign up here.

From the OCBA website:

"Join the OCBA Appellate Law Section for an informative sneak peak into the upcoming U.S. Supreme Court term Monday, Oct. 3, 2011, at the Pacific Club in Newport Beach.

Meet the Distinguished Panel

Erwin Chemerinsky

Founding Dean and Distinguished Professor of Law, UC Irvine School of Law
Author of six books
Regular contributor to California Lawyer, the Los Angeles Daily Journal, and Trial magazine
Named by The National Jurist as one of its "23 Law Profs to Take Before You Die" (March 2011)

John C. Eastman

Henry Salvatori Professor of Law & Community Service, former Dean, Chapman University School of Law
Founding Director of the Center for Constitutional Jurisprudence
Bradley Fellow, Research in Constitutional History
Olin Fellow, Law & Economics

A highlight of the evening will be the presentation of the Justice David G. Sills Award for Appellate Excellence to Justice Sheila P. Sonenshine (Ret.)."

From Yoda to You

noreply@blogger.com (Nate Scott) — Tue, 27 Sep 2011 18:06:00 +0000

Ben Shatz counsels new lawyers, in the wise words of Yoda, to “unlearn what [they] have learned” in law school. Appellate lawyers too may benefit from these friendly reminders:

READ ENTIRE OPINIONS.
“The habit of reading only part of an opinion can be very dangerous. To paraphrase Professor Emeritus Gideon Kanner of Loyola Law School, ‘Every opinion carries within it the seeds of its own destruction.’ If you fail to read the entire opinion, you may miss something important — something your adversary is likely to find and use against you.”

ALWAYS THINK CROSSOVER.
“Real world legal problems aren’t confined to a single subject. You must canvass the entire spectrum of conceivably relevant topic areas in every case and revisit that analysis as the case progresses.”

PROCEDURE IS CRITICAL.
“[P]rocedure permeates everything. The procedural basis for a matter supplies the critical context for all other issues. . . . Though woefully undervalued in law school . . . procedure and evidence are often as important as substantive law.”

THE FACTS MATTER—A LOT.
“[T]he facts drive the outcome. . . . You may not have gone to law school to become a detective or a storyteller, but without ability in those roles, your mastery over the law may be meaningless.”

STRONG WRITING WINS CASES.
“Gauging by how law schools treat them, one would think legal research and writing are minor, pesky parts of lawyering. Believing that is a huge mistake. In fact, cases are won and client goals achieved— and that is the point, isn’t it?—by written advocacy (with oral advocacy a distant second).”

“Successful legal writing in the real world requires conciseness, directness, multiple rounds of editing, and as much engaging style as you can muster. . . . if you want your papers to be read and understood, you must marshal facts to tell compelling tales, find just the right—and right amount of—supporting legal authority, and persuade the reader to agree with you—all using the fewest possible words.”

Pick up Los Angeles Lawyer's Survival Guide for New Lawyers or click here for more solid advice.

Sills Award Presentation & U.S. Supreme Court Preview

noreply@blogger.com (Nate Scott) — Fri, 23 Sep 2011 20:59:00 +0000

The OCBA Appellate Law section is hosting its "First Monday: U.S. Supreme Court Preview" on Mon., Oct. 3, at 6 p.m. at the Pacific Club in Newport Beach.

Dean Erwin Chemerinsky of UCI Law School and Professor John Eastman of Chapman Law School will bring us up-to-date on which major issues the U.S. Supreme Court will decide in its October 2011 Term. Amaze your friends with the expert analysis you'll receive from both sides of the ideological spectrum.

Also, the section will bestow the second annual Presiding Justice David G. Sills Award for Appellate Excellence. This is an especially poignant presentation, given our loss of the PJ this year. Presenting the award to retired 4/3 Justice Sheila Prell Sonenshine will be 2/3 Presiding Justice Joan Dempsey Klein, appellate practitioner Marjorie G. Fuller, and U.S. District Court Judge Andrew Guilford.

Presiding Justice Sills loved the law and he loved this court. Don't miss this chance to celebrate appellate excellence, both here in Orange County and at the U.S. Supreme Court. Sign up here!

President Nominates Judge Nguyen for 9th Circuit

noreply@blogger.com (Nate Scott) — Fri, 23 Sep 2011 17:50:00 +0000

President Obama has nominated U.S. District Court Judge Jacqueline Nguyen to the Ninth Circuit. From the White House press release:

"Judge Jacqueline H. Nguyen has served as a United States District Judge in the Central District of California in Los Angeles since 2009. Judge Nguyen was born in Dalat, Vietnam, and in 1975, she fled the country as a girl along with her family as Saigon was in the process of falling during the latter stages of the Vietnam War. Her family was placed at a refugee camp in Camp Pendleton, California, where they lived in a tent city for over one month before settling in the Los Angeles area. She received her A.B. from Occidental College in 1987, and her J.D. from UCLA School of Law in 1991. Judge Nguyen began her legal career at the law firm of Musick, Peeler & Garrett LLP, where she was a litigation associate from 1991 to 1994. In 1995, she joined the United States Attorney’s Office in the Central District of California, serving as an Assistant United States Attorney in the criminal division. There, she worked as a federal prosecutor in both the General Crimes and Public Corruption and Government Fraud sections, and was a member of the office’s Organized Crime Strike Force from 1999 to 2000. She served as Deputy Chief of the General Crimes section from 2000 to 2002. Judge Nguyen was appointed to the state bench as Judge of the Superior Court of the County of Los Angeles in 2002 and remained a judge on that court until she was appointed to the federal bench in 2009."

Justice Moreno Discusses Direct Democracy

noreply@blogger.com (Nate Scott) — Thu, 22 Sep 2011 22:19:00 +0000

Carlos Moreno, retired California Supreme Court justice and litigator at Irell & Manella, will discuss the future of direct democracy as Zocalo Public Square recognizes the 100th anniversary of California's adoption of the initiative and referendum.

The event is Wed., Oct. 5 at 7:00 pm, at 251 So. Main St. in downtown Los Angeles.

Joining Justice Moreno will be Small Business Action Committee President Joel Fox; Center for Governmental Studies President Robert Stern; and The Sacramento Bee's former editorial page editor Peter Schrag.

The event is cosponsored by the League of Women Voters and the California Supreme Court Historical Society. It’s free, but reservations are required. To reserve, go to http://zocalopublicsquare.org/ and click on “Upcoming."

Thanks to 4/3 research attorney (and Cal. Supreme Court Historical Society board member) Bob Wolfe for the tip.

9th Circuit Judge Rymer

noreply@blogger.com (Nate Scott) — Thu, 22 Sep 2011 22:05:00 +0000

Pamela Ann Rymer, a 9th Circuit Judge since 1989 who authored over 300 panel opinions, passed away yesterday. The court's news release is available here.