Southern California Appellate News

Updated 9th Cir. Practice Guide

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 30 Apr 2026 17:57:00 +0000

The updated Ninth Circuit Appellate Practice Guide (March 2026 edition) is now online here. Its 202 pages have 16 chapters covering all aspects of 9th Circuit practice. Congrats to the Appellate Lawyers Representatives for this worthwhile resource.

DJ profiles J. Franson

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 29 Apr 2026 16:16:00 +0000

The DJ's latest appellate justice profile is 5th District Justice Donald Franson's roots run deep in Fresno legal community -- A third-generation judicial officer, Justice Donald R. Franson Jr. reflects on his path to the 5th District Court of Appeal, his father's influence and a career rooted in Fresno's legal community.

The Fresno region abounds with multigenerational farming families, but Justice Donald R. Franson Jr. has a rarer distinction: He is a third-generation judicial officer and a second-generation justice. His maternal grandfather was the late Samuel Hollins, who served as a federal commissioner and bankruptcy referee in the 1920s and 1930s--roles that preceded modern bankruptcy judges. But it is his late father, Justice Donald R. Franson Sr., who looms over his career--literally. A large bronze bust of the elder Franson presides over a conference room steps from his son's office.

4th Dist. payment update

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 28 Apr 2026 16:01:00 +0000

The Fourth District to Implement Online Credit Card Payment Processing

Effective May 1, 2026, the Fourth District Court of Appeal will begin accepting credit card payments online only. Divisions One (San Diego) and Two (Riverside), which previously accepted credit card payments by phone, will transition fully to online credit card payments. Division Three (Santa Ana) will begin accepting credit card payments for the first time through the new online system. Secure links to the Elavon credit card payment portal will be available on the Court’s Fees & Payments page starting May 1, 2026. A 2.3% service fee will apply to all online credit card transactions.
In addition to online credit card payments:
• Divisions One and Two continue to accept checks.
• Division Three continues to accept cash and checks.
Details on all accepted payment methods are available on the Fees & Payments page of the Court’s website.
Please note: This new online credit card process is separate from the credit card payment option available in the Court’s e‑filing platform, TrueFiling.

Cf. Back in October 2025, the 6th District announced it would accept credit card payments, including via QR code. See the Fees page here.

J.Duarte to retire

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 28 Apr 2026 15:58:00 +0000

Today's DJ has 3rd District Justice Elena Duarte to retire after 15 years -- Justice Elena J. Duarte will retire at the end of May after 15 years on the appellate bench and a judicial career spanning nearly two decades.

The 3d District's News Release is here: Third Appellate District Associate Justice Elena J. Duarte to Retire

2d Dist. pro tem update

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 27 Apr 2026 21:34:00 +0000

The following judges are sitting pro tem in the 2d District:

Judge Stephen Goorvitch of the Los Angeles County Superior Court will be sitting Pro Tem in Division Two through May 31, 2026
Judge Melanie P. Ochoa of the Los Angeles County Superior Court will be sitting Pro Tem in Division Three from April 27, 2026, through June 26, 2026
Judge Syda K. Cogliati of the Santa Cruz County Superior Court will be sitting Pro Tem in Division Four through May 22, 2026
Judge Sanjay Kumar (Retired) of the Los Angeles County Superior Court will be sitting Pro Tem in Division Five through June 20, 2026
Judge Craig B. Van Rooyen of the San Luis Obispo County Superior Court will be sitting Pro Tem in Division Six through May 31, 2026
Judge Alexander C.D. Giza of the Los Angeles County Superior Court will be sitting Pro Tem in Division Seven through April 30, 2026

Law.com has 'Grave Threat': Ex-Clerks, Judges Urge Supreme Court to Review Newman's Suspension --The retired judges argued the D.C. Circuit relied on faulty precedent to dismiss Federal Circuit Judge Newman's challenge to her suspension.

2d DCA update re remote args

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 23 Apr 2026 18:07:00 +0000

All oral arguments before the Second Appellate District in Los Angeles will be conducted remotely from April 27, 2026, through May 8, 2026 (not May 15 as previously announced). This temporary change is necessary because courtroom facilities will be used for a Commission on Judicial Performance hearing scheduled during that period. Counsel and self-represented parties will receive instructions for remote participation with their calendar notices.

High profile appeal on Thursday in 2/1

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 21 Apr 2026 17:09:00 +0000

The morning oral argument calendar for 2/1 for Thursday (4/23) shows The People v. Harvey Weinstein (B327696). See Wikipedia entry here for background.

9th Cir. Survey & SCOTUS leak

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 21 Apr 2026 16:25:00 +0000

The Ninth Circuit Appellate Lawyer Representatives invite you to participate in a brief 5–10 minute survey about your experiences litigating in the Ninth Circuit Court of Appeals. Your feedback will help the Court better understand the user experience and identify opportunities for improvement. Results will be presented in summary form to Ninth Circuit judges and court staff in July. All responses will remain anonymous. Please complete the survey by May 6. Clickhere to take the survey.

And the NLJ has Appellate Judges Put a Lot of Weight on Sister Circuit Precedent, Study Finds -- In a forthcoming paper in the Southern California Law Review, Georgetown University Law Center professor Amy Griffin questioned how much deference judges give peer circuit precedent, despite not being bound by it.

Griffin’s central finding: When there was already one-sided sister circuit precedent—set either by one or multiple courts—then the new court agreed with its peer or peer circuits 96% of the time. And once two circuits agreed, the rest almost always followed, according to her research.

When only one prior circuit had ruled on a first impression issue, the new, deciding circuit agreed with that peer precedent 84% of the time. But once two circuits ruled the same way, agreement jumped to 97%. And once three or more circuits were in agreement the new court agreed essentially 100% of the time.

Bloomberg Law has Leaked Emergency Docket Memos Show Early Supreme Court Split

Newly leaked documents from the Supreme Court’s decision to stay a landmark Obama-era climate policy shed light on a fracture among the justices over emergency rulings that has only widened as the court has moved further to the right.
The documents, internal memos from the justices’ discussions about whether to grant an unprecedented administrative stay blocking an Obama administration effort to reduce carbon emissions, were published Saturday by the New York Times

CAAL Fellowship deadline extended to 4/22

noreply@blogger.com (Ben Shatz (SCAN)) — Sat, 18 Apr 2026 00:44:31 +0000

CAAL Fellowship Program

The California Academy of Appellate Lawyers is proud to announce the opening of the application period for the 2026-2027 Fellowship Program.

The Fellowship Program has two main goals:
(1) To increase the diversity of participants in the Academy’s educational and social programs, and
(2) To introduce the Academy to appellate lawyers for future candidacy.

The following qualifications will be considered in selecting participants in the Fellowship Program:
(1) Good character and professional reputation,
(2) Outstanding appellate skills and ability, and
(3) A continuing commitment to quality appellate practice.

To qualify for candidacy, a Fellow must have been a member of the California Bar for at least 3 years, and must spend a substantial amount of time on appellate work in a typical year.

Additionally, the Academy will consider an applicant’s contribution to the diversity of participants in the Academy’s programs, which includes (but is not limited to) geographic location, area of practice, race, ethnicity, gender, and sexual orientation.

The application period will be open through April 22, 2026. To apply, please go to https://calappellate.org/fellowship-program/fellowship-application

For more information or with questions, please contact Stephanie Finelli at steph@finellilaw.com

Tweaking FRAP 28 & 32

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 17 Apr 2026 18:48:00 +0000

Law365 has Judiciary Panel Loves Paralegal's Idea To Modernize Briefs

Rule 32 deals with formatting of briefs, appendices and other filings, and it stipulates that "only one side of the paper may be used." In an October letter, Phoenix paralegal Paula Anthony urged panelists to "consider modernizing" the rule to permit double-sided "duplex" briefs.
California Supreme Court Justice Leondra R. Kruger, another panel member, also sounded favorable, saying, "I do read double-sided paper briefs all the time, and I'm very comfortable with it."
Several meeting attendees noted that halving the length of paper briefs matters less in the digital age. U.S. Circuit Judge Daniel A. Bress of the Ninth Circuit, a committee liaison, said he's "totally paperless." Ninth Circuit Judge Sidney R. Thomas, a committee member, echoed Judge Bress, saying the circuit is "virtually paperless."
The Advisory Committee on Appellate Rules also formed a subcommittee Thursday to research a Rule 28 revamp advocated by U.S. Circuit Judges Kevin C. Newsom and William H. Pryor Jr. of the Eleventh Circuit. In a letter last year, the jurists touted a rule change "to permit — and perhaps subtly encourage — lawyers to include [short] 'introduction' sections in their appellate briefs."

2 new Justices!

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 16 Apr 2026 23:48:11 +0000

Governor Gavin Newsom announced his nomination of two Court of Appeal Justices:

Fourth District Court of Appeal, Division One

Eran Marie Bermudez, of Imperial County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division One. Bermudez has served as a Judge in the Imperial County Superior Court since 2018. She worked as a Compliance Resolution Officer at the University of California, San Diego from 2016 to 2018. Bermudez worked as a Partner at Garcia Hernandez Sawhney from 2011 to 2016. She worked as an Associate at Best Best & Krieger from 2005 to 2011. Bermudez received a Juris Doctor degree from the University of California, Berkeley School of Law. She fills the vacancy created by the retirement of Justice Richard D. Huffman. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerro, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. Bermudez is a Democrat.

Fourth District Court of Appeal, Division Three

Deborah C. Servino, of Orange County, has been nominated to serve as an Associate Justice in the Fourth District Court of Appeal, Division Three. Servino has served as a Judge in the Orange County Superior Court since 2009. She served as a Deputy Attorney General at the California Attorney General’s Office from 1997 to 2009. She worked as an Associate at Rutan & Tucker from 1996 to 1997. She served as a Law Clerk at the U.S. Court of Appeals for the Ninth Circuit from 1995 to 1996. Servino received a Juris Doctor degree from the University of California, Berkeley School of Law. She fills the vacancy created by the retirement of Justice Thomas M. Goethals. This position requires confirmation by the Commission on Judicial Appointments, which consists of Chief Justice Patricia Guerro, Attorney General Rob Bonta, and Senior Presiding Justice Manuel Ramirez. Servino is registered without party preference.

The compensation for each of these positions is $280,052

Amicus proposals scrapped

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 16 Apr 2026 21:36:00 +0000

Reuters reports US judicial panel scraps key provision in amicus brief disclosure rule

Federal judicial rulemakers on Thursday voted to abandon a key part of a proposed rule governing the disclosure of who finances friend-of-the-court briefs after top judges expressed concern the measure could interfere with the privacy of advocacy groups and their members.
The unanimous vote by the U.S. Judicial Conference's Advisory Committee ‌on Appellate Rules marked the latest instance of the judiciary reducing the disclosure obligations for amicus brief filers in the long-debated measure, which was originally aimed at addressing transparency concerns.

Bloomberg Law has Judicial Panel Trims Amicus Rule Change After Privacy Worries

Law360 has Sotomayor Apologizes For 'Hurtful' Comments About Kavanaugh

And check out CSBA's latest article: 6 Common Misconceptions About Appeal Bonds

Eastman disbarred

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 16 Apr 2026 19:52:00 +0000

Attorney John Eastman Disbarred by the California Supreme Court -- “Today’s California Supreme Court order disbarring John Charles Eastman from the practice of law in California affirms the fundamental principle that attorneys must act with honesty and uphold the rule of law, regardless of the client they represent or the context in which that representation occurs,” said State Bar Chief Trial Counsel George Cardona

The DJ has John Eastman to appeal state Supreme Court's disbarment decision -- The constitutional law expert said the disbarment violated his First Amendment rights, including his "professional speech."

The MetNews has California Supreme Court Disbars Ex-Dean John Eastman

Comments Requested on Rule Proposals

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 15 Apr 2026 20:49:00 +0000

The Judicial Council just published invitations to comment on some major appellate rules changes.

SPR26-01: Appellate Procedure: Required Use of Appendixes in Civil Appeals -- The Appellate Advisory Committee proposes amending five California Rules of Court to require parties represented by counsel to use appendixes in unlimited and limited civil appeals. This proposal is designed to expedite the record-preparation process in civil appeals. This proposal originated from a recommendation of the former Chief Justice’s Appellate Caseflow Workgroup.

SPR26-02: Appellate Procedure: Record Designation Rules and Forms -- The Appellate Advisory Committee proposes revising forms APP-001-INFO, APP-003, APP-010, APP-101-INFO, APP-103, and APP-110—and approving forms APP-003A, APP-003B, APP-003C, and APP-003D—to simplify and improve the clarity of the recorddesignation process.

SPR26-03: Appellate Procedure: Record in Felony Appeals -- The Appellate Advisory Committee proposes amending California Rules of Court, rule 8.320, to clarify what must be included in the record in criminal felony appeals.

SPR26-04: Appellate Procedure: Clarify Rule Requiring Notice of Failure to Procure the Record -- The Appellate Advisory Committee proposes amending California Rules of Court, rule 8.140 to add an advisory committee comment providing examples of acts requiring the superior court to notify a litigant they have failed to timely do an act required to procure the record on appeal in a civil case. This proposal was prompted by a suggestion from the chair of a county bar association’s appellate law section

SPR25-05: AppellateProcedure: Extension-of-Time Order in Limited Civil, Misdemeanor, andInfraction Appeals -- The Appellate Advisory Committee proposes approving a new optional form for issuing an order on an application for an extension of time to file a brief in limited civil, misdemeanor, and infraction appeals. This proposal originated from a suggestion by the Committee on Appellate Courts of the California Lawyers Association’s Litigation Section.

SPR26-06: CEQA Actions: Implementation of Senate Bill 676 -- The Appellate Advisory Committee and the Civil and Small Claims Advisory Committee recommend amending seven California Rules of Court governing the expedited resolution of actions and proceedings brought under the California Environmental Quality Act (CEQA) to implement Senate Bill 676 (Stats. 2025, ch. 550), which provides streamlined CEQA review for certain projects to “maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire.”

SPR26-14: CivilPractice and Procedure: Statement of Decision Rules and Forms to ImplementAssembly Bill 515 -- The Civil and Small Claims Advisory Committee and the Family and Juvenile Law Advisory Committee propose amending two rules of court and approving four Judicial Council forms relating to statements of decision.

DJ honors ADR neutrals

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 15 Apr 2026 16:41:00 +0000

Today the DJ publishes its Resolution Issue insert (an annual statewide roundup of neutrals focusing on ADR). Naturally a number of retired justices are included: Richard Aldrich, Bill Bedsworth, Victoria Chaney, Maria Rivera, and Bruce Smith.

SAJEC seeking info for 2d Dist. candidate

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 14 Apr 2026 23:18:00 +0000

The LACBA State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Santa Barbara County Superior Court judge Denise Hippach for possible appointment to the Second District Court of Appeal. If you have input on Judge Hippach, please complete the questionnaire linked below. Elaborations in the comments fields are especially helpful. To provide input beyond the questionnaire, contact committee chair Alana Rotter at arotter@gmsr.com. SAJEC appreciates your help!

https://www.surveymonkey.com/r/SAJECHippach

Sanctions!

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 14 Apr 2026 21:46:00 +0000

1/4 publishes an appellate sanctions opinion today against a pro per appellant. The cost of the frivolous appeal? $10,000 to the court of appeal, plus the amount of reasonable attorneys' fees incurred in responding to the appeal to the respondent.

MetNews article is Pro Per Must Pay $10,000 in Sanctions for Persistent Frivolity -- Opinion Says Case Involves Relentless Litigant With ‘Disturbing Lack of Candor’

CJMP free program May 12

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 13 Apr 2026 22:26:00 +0000

The California Judicial Mentor Program (Appellate) presents: Leading an Enriching Life: Enhancing Your Judicial Application

Learn how building a supportive network, engaging in community service, and doing your job with purpose and excellence can help you do much more than respond to questions on your judicial application. It can enrich your life!
May 12 @ 12:15

Moderated by Research Attorney Jennifer Chen, and featuring retired Judge Jeremy Fogel, retired Justice Martin Jenkins, Justice Hernaldo Baltodano, and Judge Amy Guerra.

2d Dist. Appellate Self-Help Clinic Temporary Closure

noreply@blogger.com (Ben Shatz (SCAN)) — Sat, 11 Apr 2026 00:39:00 +0000

Public Counsel's Appellate Clinic for Self-Represented Litigants in the Ronald Reagan State Building in Los Angeles will be temporarily closed from April 17, 2026, until further notice. No telephone or in-person appointments will be scheduled during this time. However, while the clinic is closed, you can still access helpful legal resources and information online. Visit publiccounsel.org for self-help guides, forms, and videos for self-represented litigants. The Public Counsel remains committed to serving the community and will resume services as soon as possible.

CEB has: Download What 2025’s California Family Law Appellate Decisions Reveal About Reversal Risk in 2026 to see how recent appellate opinions are shaping family law litigation and review.

LACBA ADR award to J.Bendix

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 10 Apr 2026 23:23:00 +0000

The LA County Bar Association's Alternative Dispute Resolution Section will be honoring Justice Helen Bendix with its inaugural ADR Distinguished Service Award, on May 5 from to 7 p.m. at ADR Services (550 S. Hope). Justice Bendix chaired the Los Angeles Superior Court’s ADR Committee and the Judicial Council’s Civil and Small Claims Advisory Committee’s ADR Subcommittee, and she was a founding member of LACBA's ADR Section.

SCCLA Awards Banquet

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 10 Apr 2026 16:26:00 +0000

Last night was SCCLA's 51st Anniversary Installation & Awards Banquet honoring LASC Judge Elaine Lu. Turnout by fellow LASC judges was high, as well as by appellate justices including Carlos Moreno (ret.), Michelle Kim, Helen Zukin, Audra Mori, and Brian Hoffstadt.

3d Dist. pro tem update

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 09 Apr 2026 17:14:22 +0000

In the 3d District, Associate Justice Rebecca A. Wiseman, retired, will be sitting in pro tempore beginning July 15, 2023, through June 14, 2026.

CJP hearing means remote args in 2d 4/27 to 5/15

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 07 Apr 2026 16:42:00 +0000

Remote Oral Argument - April 27, 2026, through May 15, 2026

All oral arguments before the Second Appellate District in Los Angeles will be conducted remotely from April 27, 2026, through May 15, 2026. This temporary change is necessary because courtroom facilities will be used for a Commission on Judicial Performance hearing scheduled during that period. Counsel and self-represented parties will receive instructions for remote participation with their calendar notices.

The MetNews explains CJP Hearing on Draper Expected to Last Three Weeks -- "The Commission on Judicial Performance’s hearing on disciplinary charges against Los Angeles Superior Court Judge Robert S. Draper is expected to stretch over three weeks, it was learned yesterday. The commission announced on April 2 that the public hearing would “begin on Monday, April 27, 2026, at 9:00 a.m., at the California Court of Appeal, Second Appellate District"

LACBA's Appellate Courts Section presents Meet the New Justices 2026, May 27 @ 4:30 to 6 p.m. in the Court of Appeal's 3d Floor Conference Room (300 S. Spring St., LA).

The Justices will be Michelle Kim, Anne Richardson, Mark Hanasono, and Armen Tamzarian.

RPJ Gilbert on AI & Bob Gerstein / Law360 Eddy Bds

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 06 Apr 2026 17:04:00 +0000

Today's DJ has retired PJ Gilbert's 'The horror! The horror!' Reliance on algorithmic decision-making risks eroding human judgment, judicial integrity and the intellectual craftsmanship that defines the law. He writes:

AI could never match the elegant writing of my dear friend, appellate lawyer Bob Gerstein, who passed away on March 19. I mention Bob because of the clarity of his writing, his elegant style that I dare AI to match. Bob was the supreme appellate lawyer. "Supreme" is the appropriate description because Bob was highly respected by our Supreme Court and Courts of Appeal throughout California and beyond. No AI for Bob. He crafted elegant briefs that reflected the depth of his knowledge. His legal insights were often enhanced by his broad storehouse of knowledge of philosophy and the arts. He delivered his arguments in a gentle manner with irrefutable logic. Bob, I miss you, but take heart knowing that your influence and our friendship continue.

For over a decade Bob and I taught a class for new trial judges at California's unique judges' college. Our course included ways in which a judge could analyze how to decide a case for which there was no ready answer in statutes or past case law. We drew upon the works of legal philosophers and the humanities to give judges a rich storehouse to draw upon. Our course drew rave reviews. But with changing of the guard and new management, our course was dropped without so much as a "thank you," keeping in vogue with current mores. Imagine having judges read passages of legal philosophy, Measure for Measure, in addition to case law, as a component of their legal education. The horror, the horror in not doing so. Maybe we should have asked ChatGPT to summarize Measure for Measure.

The LA Times obit for Bob Gerstein is here.

Law360 has 6th Circ. Axes Atty For 'Inexcusable' AI 'Transgressions' -- "An attorney committed "inexcusable transgressions" by relying on Westlaw's internal CoCounsel artificial intelligence platform for appellate filings and by failing to catch erroneous AI-generated content, the Sixth Circuit said Friday and removed the lawyer from further representing a man who pled guilty to drug trafficking charges." Published opinion here.

Law.com has 'No Forewarning Necessary': Divided 3rd Circuit Weighs Discipline for Attorney's Use of AI Hallucinations -- The dissenting judge said that the majority doesn't need to warn attorneys to use artificial intelligence responsibly, opining that "[n]o forewarning is necessary when it is clear what standard the attorney was required to follow."
Law360 announces practitioner Editorial Board members for 2026. For its Appellate coverage, there's an eddy board of a dozen appellate lawyers (7 in DC). California's two selections cover the north (MoFo SF's Aileen McGrath) and the south (Duane Morris LA's Ben Shatz).

Reminder: 4/6 deadline for CAAL Fellowship Program

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 01 Apr 2026 20:22:13 +0000

CAAL Fellowship Program

The California Academy of Appellate Lawyers is proud to announce the opening of the application period for the 2026-2027 Fellowship Program.

The Fellowship Program has two main goals:
(1) To increase the diversity of participants in the Academy’s educational and social programs, and
(2) To introduce the Academy to appellate lawyers for future candidacy.

The following qualifications will be considered in selecting participants in the Fellowship Program:
(1) Good character and professional reputation,
(2) Outstanding appellate skills and ability, and
(3) A continuing commitment to quality appellate practice.

To qualify for candidacy, a Fellow must have been a member of the California Bar for at least 3 years, and must spend a substantial amount of time on appellate work in a typical year.

Additionally, the Academy will consider an applicant’s contribution to the diversity of participants in the Academy’s programs, which includes (but is not limited to) geographic location, area of practice, race, ethnicity, gender, and sexual orientation.

The application period will be open through April 6, 2026. To apply, please go to https://calappellate.org/fellowship-program/fellowship-application

For more information or with questions, please contact Stephanie Finelli at steph@finellilaw.com