Just a necklace or not?

ABA Journal has Justice Jackson wore cowrie shell collar to inauguration; was it 'a sartorial expression of her dissent'?

Survey says!

The Fourth District, Court of Appeal, Division One Launches New Customer Survey to Enhance Services

The Fourth District, Court of Appeal, Division One in San Diego is pleased to announce the launch of a new customer survey aimed at gathering valuable feedback from court users. This initiative marks the first time the Court has implemented a formal survey for public input regarding the services provided by the Clerk’s Office and other court functions. “We are committed to continually improving our services and ensuring that court users have a positive experience,” said Brandon Henson, Clerk/Executive Officer. “This survey provides an opportunity for the public to share their insights, helping us identify areas for enhancement and better serve our community.”

The survey is easily accessible through QR codes posted in the Clerk’s Office Lobby and at the entrance to the courtroom. Additionally, a direct link to the survey can be found on the Court’s website under Division One’s ‘Contact Us’ page. The Court encourages all visitors, attorneys, and litigants to participate and provide their honest feedback. Responses will help guide improvements in court operations, accessibility, and overall customer service.

2025 CA Court Stats Report

 2025 COURT STATISTICS REPORT Statewide Caseload Trends 2014–15 Through 2023–24

Supreme Court
• The Supreme Court issued 52 written opinions during the year.
• Filings totaled 4,944, and dispositions totaled 4,825.
• Automatic appeals arising out of judgments of death totaled 4 cases, and the court disposed of 2 such appeals by written opinion.
• The Supreme Court ordered 11 Court of Appeal opinions depublished in this fiscal year.

PFR Outcomes. For FY24, of 795 petitions for review from civil appeals, 21 were granted (32 G&H, 2 G&T) equaling a "7% grant rate." For civil writs, 243 PFRs filed, 8 granted, 8 G&H, 7 G&T, equaling a 9% "grant rate." (Table 1, pg. 17.)

For FY24, 1 of 3 requests to decide questions of state law were granted. Zero rehearing petitions were granted (which has been true every year going back to 2016). (pg. 25) In FY 24, 11 opinions were depublished, and 1 ordered published. (pg. 26) 

Courts of Appeal
• Total contested matters for the Courts of Appeal totaled 19,309, made up of 14,071 records of appeal and 5,238 original proceedings.
• Dispositions in the Courts of Appeal totaled 21,652. Of these dispositions, 16,366 were appeals and 5,286 were original proceedings.
• Dispositions of appeals by written opinion totaled 8,254; appeals disposed of without written opinion totaled 5,434, and appeals disposed of without a record filed totaled 2,678. Dispositions of original proceedings by written opinion totaled 276, and original proceedings disposed of without written opinion totaled 5,010.
• Statewide, 8 percent of Court of Appeal majority opinions were published.

Outcomes. For FY24 civil appeals, 80% affirmed; 16% reversed; 5% dismissed. (pg. 38) Publication rates for civil appeals overall was 14% (the rate for the 2d and 5th), with the 1st and 3d at 19% and the Fourth and Sixth at 11%.

Timing (from notice of appeal to opinion): The statewide median for civil appeals is 515 days. Fastest is 2/6 (437 days), slowest is 2/8 (645 days). (Fig. 33, pg. 40)

AI teaches legal writing

The Recorder has Davis Wright Tremaine Turns to Gen AI to Teach Its Associates Legal Writing -- The firm’s proprietary software DWT Prose gives writing recommendations based on the work product of the firm’s experienced attorneys.

J.Zukin receives Lam Award

LACBA Announces Recipients of Prestigious 2025 Annual Awards

The Honorable Helen Zukin, 2025 Philip H. Lam Diversity Impact Award Associate Justice Helen Zukin will be presented with this year’s Philip H. Lam Diversity Impact Award winner for her long-term commitment and significant contributions to increasing inclusion and diversity in the practice of law.

WLALA program on Access to Appellate Justice

On Feb. 11 at noon to 1:15, WLALA presents a Zoom webinar title Access to Appellate Justice featuring Justice Meeiwala (3d Dist.) and Jennifer Hansen and Ellen Wiley (Cal. Appellate Project criminal/dependency) and Arati Vasan (Family Violence Appellate Project). (1 hour of MCLE for elimination of bias.)

Splitting the Ninth?

Law.com has Senator Plans to Reintroduce Bill to Split 9th Circuit -- Proponents have long argued that the circuit covers too much territory and too many people and its docket is unmanageable; critics say the current system isn’t broken and motivations for the split are merely political.

• Sen. Mike Crapo plans to reintroduce legislation to split up the country’s largest—and long considered most liberal—federal appeals court, the Idaho Republican's office said this month.
• For decades, Republicans have endorsed various proposals to split up the U.S. Court of Appeals for the Ninth Circuit
• Crapo's bill, last introduced in 2021, would create a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington.... The Ninth Circuit would be composed of California, Hawaii, Guam and the Northern Mariana Islands.

Motion in limine appeal?

 Today's appealability opinion from 4/3:

This case presents us with an unusual situation: an appellant appealing directly from an order on a motion in limine, and with published authority supporting the proposition that such an appeal is possible. We dismiss the appeal and publish this opinion to express our disagreement with that authority and our view that this type of order is properly reviewed only by writ petition or by appeal from the final judgment.

The MetNews' article is: Order on Admissibility of Expert Testimony by Attorney Is Nonappealable, C.A. Declares -- Fourth District’s Div. Three Rejects Reasoning in Contrary Decision Handed Down in 2004

Do-over motions

The latest issue of Verdict (the ASCDC magazine, 2024 vol. 2) has an article by H&L's Rebecca Powell titled Trying to Get it Right: Motions for Reconsideration, New Trial, and Other Do-Overs. In addition to motions for reconsideration and new trial, the article discusses appellate petitions for rehearing 

The mechanisms and strategy points in all do-overs vary depending on the context, but there are common threads: • Be clear that a mistake was made, but be aware of your tone; no one likes hearing that they made an error. • Highlight why the mistake you are challenging matters, rather than harping on immaterial errors. • Don’t just repeat what you have already argued; reframe the issues to explain why the court should want to fix its mistake. • If you are giving the court information it has never heard before, be prepared to justify why it was not raised earlier. • Show through tone and attitude that you are not being casual about the court’s limited time and resources, but that your position deserves a second look.

Law360 has Biden's Imprint On The Judiciary In 6 Charts

Appellate blogger indicted

Law360 has SCOTUSblog Publisher Tom Goldstein Indicted In Tax Case

Bloomberg Law has SCOTUSblog's Goldstein Charged With Tax Fraud, False Statements

Prominent attorney Tom Goldstein, co-founder of the website SCOTUSblog, was indicted Thursday on charges of fraud involving tens of millions of dollars in poker debt and creating phony jobs at his law firm to pay for travel and other expenses for several women. ...

Goldstein is a long-time appellate lawyer who argued 45 US Supreme Court cases before announcing his retirement in 2023. SCOTUSblog, which he co-founded in 2002, has emerged as a go-to source for information about Supreme Court cases and high court practice.

SAJEC seeks input

The LACBA State Appellate Judicial Evaluation Committee (SAJEC) is evaluating Los Angeles Superior Court judges Stephen Goorvitch and Mark Hanasono for possible appointment to the Second District Court of Appeal. If you have input on either candidate, please complete the questionnaires 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/SAJECGoorvitch

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

SCOC returns to Sacramento

California Supreme Court to Hold Oral Argument in Sacramento -- Court revives its longstanding tradition after a five-year hiatus; will hold oral argument in Sacramento Feb. 5.

The California Supreme Court on Feb. 5 will mark its return to hearing oral argument in Sacramento, a tradition put on hold for five years during the COVID-19 pandemic.
During the hiatus, the court made technological upgrades to its courtrooms in Sacramento, San Francisco, and Los Angeles to better facilitate livestreaming and remote oral arguments.
Last year, the court’s plan to return to Sacramento was thwarted by weather conditions, including flooding, intense winds, and power outages that forced the court to hold the session remotely.
The court’s tradition of hearing oral argument in Sacramento—as one of three locations along with Sacramento and San Francisco—dates back to 1878.
The court plans to hear four cases during the session, held in its courtroom in the Stanley Mosk Library and Courts Building on Sacramento’s Capitol Mall.

In 2025, the court will hold oral argument sessions in Los Angeles, Sacramento, and San Francisco as well as a special outreach session for students. The court also continues to support hosting oral argument in a hybrid format, allowing counsel to appear in person or with remote technology upon request.

"timeout is over" + Hume

This unpub from 2/7 starts off strong and goes on to Philosophy 101, citing Hume: 

In holding that perfecting an appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.161 stays trial court proceedings on the merits, the Supreme Court recognized some such appeals “will undoubtedly delay litigation even though the appeal is frivolous or insubstantial.” (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 195; see Oakland Bulk & Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, 763 [a “‘major reason’” for the explosion of special motions to strike under section 425.16 “‘is that the statute rewards the filer of an unsuccessful . . . motion with what one court has called a “free time-out” from further litigation in the trial court’”].) This is one of those appeals. And the timeout is over.

Recognizing the law is contrary to his position, [Appellant] makes only a prescriptive argument based, not on what the law is, but on what he believes it ought to be. (See Hume, A Treatise of Human Nature, Book 3, Part 1, Section 1 (1739) pp. 469-470 [discussing the is-ought problem].)

CLA Appellate Summit (April 24-25 in SF)

 

CLA's 2025 Litigation and Appellate Summit will be held on April 24 – 25, 2025 in San Francisco. Save the dates!

And CLA Litigation Section's January 2025 issue of Litigation Update is now online, keeping you up to date on current case law.

BASF program Jan. 28

BASF's Appellate Law Section presents an informal roundtable online discussion with Justice Tara Desautels on Jan. 28, noon to one. (Free; no mcle)

Fire news

Today's DJ has LA County court judges and staff lose homes in wildfires -- The recent wildfires in Los Angeles County have left 13 judges and 12 court staff members without homes, while local courthouses face operational disruptions. Court leaders and unions are working to address the crisis and ensure justice continues.

At least 13 judicial officers and 12 staff members of the Los Angeles County Superior Court have lost their homes to the recent wildfires, and a court spokesperson said on Tuesday that they are still evaluating the potential impact on court operations. ... 

Chief Deputy District Attorney Steven I. Katz said 73 employees of the District Attorney's Office have been displaced. He noted that the office has not requested the closure of any courthouses and does not currently support such a move.

5th & 1st Districts pro tem updates

 Judge Gregory T. Fain of the Fresno County Superior Court will be sitting pro tempore in the Fifth District until April 1, 2025.

And one judge is currently assigned pro tem in the First District:

• Judge Dana B. Simonds of Sonoma County Superior Court, will be sitting pro tempore in Division Four until March 31, 2025.

CD Cal fire losses

Bloomberg Law has Five Federal Judges Lose Homes in Southern California Wildfires

Five judges and six staffers on the Los Angeles-based federal trial court have lost their homes in wildfires that have raged across Southern California for the past week, according to the court’s clerk. They are part of at least 40 judges and court staffers for the US District Court for the Central District of California who have been affected by the fires, including those who have faced evacuation orders, power outages, and water quality issues, said Brian Karth, the district court executive and clerk of court. ....

Karth said the court, which has locations in downtown Los Angeles, Santa Ana, and Riverside, is still “open and operational.” However, this status is “subject to change” and some proceedings have been postponed on a case-by-case basis depending on the needs of the litigants and judges, he said.

Bloomberg Law also has Los Angeles Courts Stay Open as Homes of Judges, Staff Burn

Los Angeles courts are largely moving ahead with hearings and trials as residents across the county flee raging wildfires burning for an eighth day.

Most of the county’s 36 courthouses stayed open since the first L.A. fires began Jan. 7, with court staff sometimes working in face masks as smokey air filled facilities near uncontained blazes. Three courthouses closed temporarily last week but reopened Friday. ....

In addition to the five federal judges and six federal court staffers whose homes burned, at least 12 judicial officers and 12 staff members in L.A. state court have lost their homes to the firestorm.

CEB Appellate MCLE webinar

 

CEB has posted its annual Appellate review program Key Developments in Appellate Practice 2024, a 90-minute MCLE webinar. As in past years, the program features Presiding Justice Brian Hoffstadt and Justice Dorothy Kim.

MetNews profiles PJ Gilbert

The MetNews has a Personality Profile for Person of the Year PJ Gilbert here.

• Gilbert says he is “not really an awards guy.” As it is, however, he has been the recipient of a long list of them, including the Los Angeles Bar Association’s Outstanding Jurist Award, the Beverly Hills Bar Association’s Award for Judicial Excellence, the Los Angeles County Law Library’s Beacon of Justice Award, the Appellate Justice of the Year for the Consumer Attorneys Association of Los Angeles. But he keeps the Witkin Medal displayed in his chambers because Witkin, now deceased, had been a friend and major influence on how he fashions his own writings.
• Gilbert says that his own approach is to provide an opening in an opinion that tells “what the case is about” which “informs the reader” whether he or she “should bother to read the thing.” His introductions are characteristically pithy and enticing.
• He adds that he plans to retire this year. “I think 50 years is enough,” and “it’d be good to give other people a chance,” Gilbert says. “It’s beyond my ken to even believe that I would be on the court this long.”