Southern California Appellate News

Goorvitch CJA hearing May 22

noreply@blogger.com (Ben Shatz (SCAN)) — Thu, 21 May 2026 15:57:34 +0000

Commission to Consider Appointment to the 2nd District Court of Appeal
The Commission on Judicial Appointments will hold a public hearing in San Francisco on Friday, May 22, 2026, beginning at 9:30 a.m. to consider Governor Gavin Newsom's appointment of Judge Stephen Goorvitch as Associate Justice of the Second District Court of Appeal, Division Two.
The live webcast will begin on the Judicial Council's video streaming platform on May 22 at 9:30 a.m.

Federal Circuit Theme Song

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 18 May 2026 18:15:50 +0000

The Federal Circuit released a "theme song" in a 3-minute YouTube music video. (Yes, that's a monkey riding a rocket.) Check it out here.

Law360 has Fed. Circ. Drops A Theme Song, Talks Guest Judges

The Federal Circuit judges' advice to litigators largely came down to making the appeal as targeted as possible. Both Judge Chen and U.S. Circuit Judge Kara F. Stoll said the parties need to limit the number of arguments raised. Judge Chen said he's had cases go to the Supreme Court, and only then does he see the petitioner narrow its request the way he'd needed below. The judges encouraged parties to proactively address the other side's arguments, with Judge Chen suggesting a specific rebuttal section in briefs to do so. U.S. Circuit Judge Sharon Prost similarly said parties should admit their weaknesses and work the judges through them.
Lawyers should also use full quotes from the cases they're citing when possible, Judge Lourie said. "We don't entirely trust you" when citing clips without the full context, he continued.
Judge Lourie also discouraged having pages in briefing that are nearly all footnotes. Other tips included Judge Hughes recommending having non-patent colleagues read over briefs to see if they make sense to lay folk, and U.S. Circuit Judge Tiffany P. Cunningham encouraging lawyers to make concessions when appropriate rather than fighting everything.

4/1 attorney openings

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 15 May 2026 15:55:45 +0000

Division I in San Diego is accepting applications for an Appellate Court Attorney (Level B– Senior). The job can be found at Appellate Court Chambers Attorney (Level B - Senior) OR Appellate Court Central Staff Attorney (Level B - Senior) | District Courts of Appeal. The application deadline is at 5:00 p.m. on June 5, 2026.

Who will join the Cal Supreme Court?

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 15 May 2026 15:43:28 +0000

Bloomberg Law has Newsom’s Delay on Filling California High Court Seat: Explained

The California Supreme Court has been short a justice for more than six months since Martin J. Jenkins’ retirement, making it one of the longest high court vacancies in the Golden State’s history.

two of Newsom’s prior picks— Jenkins and Evans—used to serve roles in the Newsom administration. In terms of current appellate justices who used to work for Newsom, Ettinger noted Justice Daniel H. Bromberg and Justice Gonzalo C. Martinez both fit the bill.

But what about JUDICIAL APPOINTMENTS SECRETARY LUIS CÉSPEDES?

1st Dist. pro tem update

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 12 May 2026 19:24:00 +0000

Judge Andrew Sweet of Marin County Superior Court will be sitting pro tempore in First District, Division Four until July 31, 2026.

Remittitur controls over precedent split

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 12 May 2026 18:33:00 +0000

The MetNew has C.A. Permits No Deviation From Direction of Remanding Court Despite New Case Law -- Opinion Signals That Prerogative of Trial Judge to Follow Decision From Another Appellate District Does Not Extend to Disregarding Remittitur -- about this unpub from 2/3 here.

SCOTUS argument observations

noreply@blogger.com (Ben Shatz (SCAN)) — Fri, 08 May 2026 23:39:00 +0000

SCOTUS Blog's Amy Howe has What I learned attending all those Supreme Court oral arguments this term. Her key takeaways:

1. The bench has gotten hotter.
2. The arguments are often long . . . and there’s no sign of them getting any shorter.
3. The impact of live audio is real – but not in the way the justices had feared.
4. There is no substitute for attending arguments in person (at least without cameras).
5. The high quality of the advocacy at the court
6. Where are the women?
7. Sometimes the lower-profile cases are more enjoyable to watch.

SCOTUS heating up

noreply@blogger.com (Ben Shatz (SCAN)) — Wed, 06 May 2026 16:20:58 +0000

Bloomberg Law has Supreme Court Sniping Heats Up as Justices Near Opinion Season, which starts out with:

Tensions are starting to boil over at the US Supreme Court.
Back-and-forth sniping between Justices Ketanji Brown Jackson and Samuel Alito Monday night marked the latest sign of strain at a court that has become a prominent symbol of the polarization besetting the country.

Law360 has Roberts Says High Court's Job Is To Make Unpopular Rulings

Bloomberg Law has Roberts Defends Supreme Court Against Partisanship Accusations

At a very basic level, people think we’re making policy decisions,” Roberts said Wednesday while speaking at the Third Circuit judicial conference in Hershey, Pa. “We’re not simply part of the political process, and there’s a reason for that, and I’m not sure that people grasp that as much as is appropriate,” Roberts said.

Also from the 3d Cir. Conference Know 'The Record Below': Appellate Pros Talk Argument Prep

And re SCOTUS argument prep, see Neal Katyal's TED talk, What really won the trillion-dollar Supreme Court case .... and then see The Volokh Conspiracy's Let's Talk about Neal Katyal's TED Talk... and Bloomberg Law's Katyal’s Boast of AI Role in Tariff Win Draws Swift Blowback

The NLJ has Justice Thomas Becomes Second Longest Serving Supreme Court Justice -- Justice Clarence Thomas now sits behind Justice William O. Douglas in the list of longest-serving Supreme Court justices in U.S. history.

On the sanctions front, see this 4/3 unpub, which concludes: "This is a close call, but we decline to impose sanctions. We see a genuine effort by Brother to overturn the trial court’s decision that confuses procedural devices but is not wholly unreasonable. Similarly, any inference of delay from Brother’s repeated supersedeas petitions is rebutted by his motion for calendar preference—a request to speed up this proceeding."

Appointed Counsel Recuitment webinar

noreply@blogger.com (Ben Shatz (SCAN)) — Tue, 05 May 2026 16:06:00 +0000

On Thursday, May 21, 2026, at noon, join a webinar featuring practitioners who have found professional satisfaction handling appointed appeals for the California Courts of Appeal. Justice Streeter of the First Appellate District, Division Four, will underscore the essential roles that court-appointed attorneys play in the appellate justice system. He will be joined by four experienced panel attorneys from varied legal backgrounds, who will share candid insights into why they find the work rewarding. For those considering taking on appointed cases in criminal, juvenile (delinquency & dependency), and civil commitment appeals, there will be an opportunity for Q&A with the attorneys, as well as a representative from a supervising appellate project. Register here

CAAL new member and officers

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 04 May 2026 19:54:00 +0000

California Academy of Appellate Lawyers Announces New Officers and One New Member

The California Academy of Appellate Lawyers is pleased to announce that it elected its officers for the 2026-2027 year and admitted Ari J. Stiller as a new member at its May 3, 2026 meeting.

The new officers are:
· Benjamin G. Shatz of Duane Morris, LLP, Los Angeles, President;
· Judith E. Posner of Benedon & Serlin, LLP, Woodland Hills, Vice President;
· Nathaniel P. Garrett of Jones Day, San Francisco, Treasurer; and
· Todd E. Lundell of Sheppard, Mullin, Richter & Hampton LLP, Orange County, Secretary.

Mr. Stiller is the founder of Stiller Law Firm, and also serves as a lecturer at law at the University of Southern California Gould School of Law. He is a Certified Specialist in Appellate Law. He received his B.A. from Colorado College and his J.D. from University of Colorado Law School.

Founded in 1972, the Academy is the nation’s oldest lawyers’ organization dedicated to appellate practice. Our members are California lawyers with substantial appellate experience, who are elected to membership after rigorous scrutiny of their reputation, character, and appellate advocacy skills. Academy members are frequently counsel of record in the most complex and highest-impact cases before the California Supreme Court, California Courts of Appeal, and federal appellate courts.

For further information, contact CAAL President Benjamin G. Shatz: BGShatz@DuaneMorris.com, 213-689-7439. More information about the Academy appears on its website at www.CalAppellate.org.

DJ monthly columns

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 04 May 2026 18:31:00 +0000

Today's DJ has retired PJ Gilbert's column: The horror of misunderstanding -- Former California appellate justice Arthur Gilbert responds to judicial criticism of his views on artificial intelligence by reflecting on ChatGPT and related examples to argue that while AI is useful, it raises serious concerns about overreliance and its impact on courts and human judgment.

And today's DJ has Myron Moskovitz's column: Bad AI citations: The 'crimes' -- A recent California Court of Appeal opinion in In re Domestic Partnership of Torres Campos & Munoz exposes how lawyers, and even a trial court, relied on fictitious AI-generated legal citations in a pet custody dispute--leading the appellate court to condemn the conduct as a serious breakdown in professional responsibility across counsel and the bench.

And tomorrow's Exceptionally Appealing column (posted already) is Appellate meditation: 'Aum,' not 'um' -- It's National Meditation Month. Breathe in. Brief out. Insert a "t" and trade mediation for meditation.

Also of note: State Bar Releases 2025 Digital Annual Report

"New" address for 5th District

noreply@blogger.com (Ben Shatz (SCAN)) — Mon, 04 May 2026 02:05:00 +0000

And we're back....

Court Address Change: May 1, 2026
Pursuant to City Council action, the City of Fresno has reverted the name of Cesar Chavez Boulevard to Ventura Street. Effective May 1, 2026, the court's address is: 2424 Ventura Street, Fresno, CA 93721

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