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California Courts of Appeal

From Wikipedia, the free encyclopedia

Map of the districts of the California Courts of Appeal.        First District      Second District      Third District        Fourth District      Fifth District      Sixth District
Map of the districts of the California Courts of Appeal.
     First District      Second District      Third District
     Fourth District      Fifth District      Sixth District

The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts.[1] The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 105 justices.

YouTube Encyclopedic

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Transcription

Hi everybody! Its Andy and welcome again to my office in Los Altos, California. I'm an attorney licensed to practice law in California as well as New York. This video is going to be a little bit different, I guess. I am not going to go over a specific, like, contract law concept or a family law concept. Most of my other videos do kind of take that format. Um, this video is going to basically go over a lesson in, um, civics or government or social studies. Kind of depends on what your particular school, you know, high school, for example, called it and the question I'm going to answer is 'How is the California state court system organized?' Now I'm going to talk specifically about California, but if you don't live in California or if you live outside the United States generally, if you're trying to, I guess, understand court systems in the United States, this idea that I'm going to go over about a three-tier system is actually very helpful. As I'll explain, I guess, kind of towards the end of the video, the idea is the same kind of throughout the United States, but, you know, each implementation is slightly different. So hopefully that makes sense. Go ahead and share, comment, like, subscribe, all that nice stuff and if you hang out with me right now, I will actually go over how the California courts are organized. When we talk about the California state courts, it's helpful to imagine it as a system of three levels - level 1 2 & 3 - and the levels escalate, meaning that, you know, if your case doesn't resolve at level 1 you might be able to appeal it to level 2, and then if it doesn't resolve there you might be able to appeal it to level 3. Appeals in California are actually very complicated. There are a lot of rules, a lot of procedures about them. A lot of times people will, for some reason which I don't understand, think that they can just appeal just because they lost. In general, you cannot appeal just because you are unhappy, or you lost. As you can probably imagine no case would ever finish if people could just keep on appealing. So anyway, the idea, though, of a three-level court system, if you can understand that, that's actually tremendously helpful because a lot of court systems in the United States work that same way. The federal system does. I think with maybe one exception, all state court systems work that way also. So anyway all of that said then, in California the level 1 court is called the Superior Court and those are going to be located in each county in California. Excuse me, California has 58 counties so there's 58 Superior Courts. The way that you refer to it is going to be, you know, Superior Court of the State of California, County of Santa Cruz, County of Santa Barbara, County of Los Angeles, etc. The Superior Court in each county has a wide, er, sorry has authority to hear a wide variety of cases. I just put down two of them family law and disputes over contracts. However, you know, if you've ever been involved in a probate case, a personal injury case, medical malpractice case, product def, excuse me, product defect case, all of those can be heard in Superior Court. There are certain types of cases that cannot be heard in Superior Court. Those are going to be like, you know, bankruptcy cases, immigration cases, stuff that is by law specifically reserved for certain courts. Superior courts cannot hear those cases. So all of that said, a lot of you are probably thinking that you've never been to Superior Court before. That may not be true if you've ever been to small claims court, for example, to sue over, you know, a customer, let's say, who won't pay your bill. If you've ever been to traffic court to fight a ticket, all of that is in the Superior Court also except the terminology is just different, like you know they refer to it as small claims, but it's the small claims division of the Superior Court. So depending on the type of case, you might also be able to do an appeal within the Superior Court and that's what the the word appellate there means. The type of case that I'm most familiar with, you know, that gets appealed within the Superior Court is landlord-tenant cases. So typically, you know, a tenant who, you know, tried to fight their eviction and they lost and they didn't feel, like you know, they should have lost so they appeal and that appeal is done within the Superior Court. In general, however, if you appeal a case from the Superior, excuse me, from the Superior Court, it goes to the appellate courts or the Courts of Appeal and so that's the level 2 courts in our three-level system. There are 58 Superior Courts as I said a moment ago, but there are only six appellate courts and those are in the six California cities that I have listed out here. Depending on which of the 58 counties you're appealing from, you will go to one of the six appellate courts. Generally it's basically, you know, based on geography. So if you're in Northern California and you appeal to the level 2 courts, you're probably not going to go to San Diego. Probably going to go to San Francisco, Sacramento, etc. So and like I said, the level 2 appellate courts, their job is to hear most appeals from the Superior Courts that are not handled by the Appellate Division of each Superior Court. So anyway, the level 3 court then, there's only one of those and it's the California Supreme Court and a lot of times people are surprised to hear that the Supreme Court of California is actually not in the state capitol of Sacramento. So the California Supreme Court is actually in San Francisco and the Supreme Court's job is to hear appeals from the Appellate Courts. There are certain other duties that the California Supreme Court has, but the primary one, I think, is the appellate courts, er, sorry to hear appeals from the Appellate Courts. The last point I want to bring up about the California Supreme Court is that it is the final decider, the final authority and the final arbiter on issues of California state law. This is probably a little too complicated to explain, but depending on how a case is argued and what claims are made, the law that governs might be federal, it might be, it might be federal only, it might be state only or it could be a combination of both. If it is state only, like if it's state law only and you appeal to the California Supreme Court and you lose, that's it. There is no appeal on state law issues above the California Supreme Court. Yeah. So sometimes people are sort of surprised by that because sometimes you can appeal from the California Supreme Court to the federal system, but sometimes not. So anyway. Moving on then, I said, I think, a moment ago that if you can understand the whole idea of a three-level court system that's actually tremendously helpful because this same three-level system occurs in nearly all states in the US. I think there's one state that might actually only have two but don't quote me on that. The one kind of caveat here, I guess, is that even though the three-level system might be in nearly all states, the naming convention, the terminology is different. So to give you an example, the level 1 court in California, as we saw from the previous slide, is called the Superior Court. The level 1 court in the New York system is called the Supreme Court. The functions are the same, like, you know, they are the trial courts of general jurisdiction in the state system in each state. However, the terminology is just different which is a little confusing for lawyers like me who are California and New York admitted. Mainly because, you know, the level 1 court in New York, the Supreme Court, is the level 3 court in California. So the terminology sometimes can get a little confusing. And like I said also, the federal courts have a very similar three-level system. You might have heard US District Court, Ninth Circuit Court of Appeals and, of course, I think everyone's heard of the US Supreme Court. So a lot of stuff that I have talked about so far may not apply to other courts and I'm specifically mentioning specialized courts that are within government agencies. Those are, I mean, technically they're called an administrative courts, so the thing is, you know, you might have them within the Social Security Administration, the Department of Motor Vehicles. You know, if you have a case where you've applied for unemployment benefits in California, you know, through EDD, for example, and you, you're denied, you have courts for that. Those courts, in general, will not have the three-level system that I'm talking about. However they may have appeals, you know, possibly to courts that do have three-level systems. So, uh, Social Security, for example, you know they have a system within the administration. However, you know, if you exhaust all those appeals, you can appeal to the federal court system where the three-level idea does apply. So hopefully all of that made sense. The basic idea is that, you know, there is a three-level system in most court systems in the United States and it's helpful to kind of know that, you know, you can appeal from one to the other, but you can't skip over I guess is the idea. And, of course, the naming convention in each state or jurisdiction can sometimes be different. So hopefully all that made sense. Go ahead and, you know, subscribe, share, comment, like etc and I will talk to you guys next time. Thanks.

Contents

Jurisdiction and responsibility

The California Appellate Reports, the court's official reporter
The California Appellate Reports, the court's official reporter

The decisions of the Courts of Appeal are binding on the California superior courts, and both the Courts of Appeal and the superior courts are bound by the decisions of the Supreme Court of California. Notably, all published California appellate decisions are binding on all trial courts.[2] This is distinct from the practice in the federal courts and in other state court systems in which trial courts are bound only by the appellate decisions from the particular circuit in which it sits, as well as the Supreme Court of the United States or the state supreme court.[3] In contrast, "there is no horizontal stare decisis in the California Court of Appeal";[4] Court of Appeal decisions are not binding between divisions or even between panels of the same division.[5]

Thus, all superior courts (and hence all litigants) are bound by the decision of a Court of Appeal if it is the only published California precedent that articulates a point of law relevant to a particular set of facts, even if the superior court would have decided differently if writing on a fresh slate.[4] However, another Court of Appeal division or district may rule differently on that point of law after a litigant seeks relief from an adverse trial court ruling that faithfully applied existing precedent.[4] In that instance, all superior courts are free to pick and choose which precedent they wish to follow until the state supreme court settles the issue for the entire state, although a superior court confronted with such a conflict will normally follow the view of its own Court of Appeal.[5]

It is customary in federal courts and other state courts to indicate in case citations the particular circuit or district of an intermediate appellate court that issued the decision cited. But because the decisions of all six California appellate districts are equally binding upon all trial courts, district numbers are traditionally omitted in California citation style unless an actual interdistrict conflict is at issue.

All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit,[6] the appellate decision must summarize the facts and law of the case and review possible issues independently before concluding that the appeal is without merit).[7] Such procedure is not mandated for civil cases, but for certain types of civil cases where a liberty interest is implicated, the Courts of Appeal may, but are not required to, follow a similar procedure.[8][9] Most Court of Appeal opinions are not published and have no precedential value;[10] the opinions that are published are included in the official reporter, California Appellate Reports.

In addition, West Publishing traditionally included Court of Appeal opinions in its unofficial reporter, the Pacific Reporter. In 1959, West began publishing both Supreme Court and Court of Appeal opinions in West's California Reporter, and no longer included Court of Appeal opinions in the Pacific Reporter.

Due to their huge caseloads and volume of output, the Courts of Appeal in turn see the largest number of decisions appealed to the state supreme court and the Supreme Court of the United States. A few famous U.S. Supreme Court cases, such as Burnham v. Superior Court of California, came to the high court on writ of certiorari to one of the Courts of Appeal after the state supreme court had denied review. Many Court of Appeal opinions have become nationally prominent in their own right, such as the 1959 opinion that carved out the first judge-made exception to the at-will employment doctrine, the 1980 opinion that authorized a cause of action for wrongful life, and the 1984 opinion that created the right to Cumis counsel.

History

The California Constitution originally made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, and then the Court began hearing the majority of appeals in three-justice panels.[7] The Court became so overloaded that it frequently issued summary dispositions in minor cases, meaning that it was merely saying "affirmed" or "reversed" without saying why.[7] The state's second Constitution, enacted in 1879, halted that practice by expressly requiring the Court to issue every dispositive decision in writing "with reasons stated."[7] In 1889, the Legislature authorized the Supreme Court to appoint five commissioners to help with its work.

Despite implementing all these measures, the Supreme Court was no longer able to keep up with the state's rapidly growing appellate caseload by the end of the 19th century. Accordingly, in 1903, the Legislature proposed a constitutional amendment to create what were then called the District Courts of Appeal. On November 8, 1904, the electorate adopted the amendment.

The District Courts of Appeal originally consisted of three appellate districts, headquartered in San Francisco, Los Angeles, and Sacramento, with three justices each. These first nine justices were appointed by the Governor. Each district was assigned an ordinal number (i.e., first, second, and third).

In 1966, the word "District" was dropped from the official names of the Courts of Appeal by another constitutional amendment which extensively revised the sections governing the state judiciary. This left Florida as the sole state in the United States with "District Courts of Appeal." Since then, each of the Courts of Appeal has been named officially as "the Court of Appeal of the State of California" for a particular numbered appellate district.

Appointment, retention, and removal

Originally, after appointment by the Governor incumbents ran in potentially contested head-to-head elections. However, after a particularly bitter contest in 1932, the California Constitution was amended to provide for the present retention election system, where the voters are given the choice to retain or reject a candidate. To date no incumbent has been denied retention.

To fill a vacant position, the Governor must first submit a candidate's name to the Commission on Judicial Nominees Evaluation of the State Bar of California, which prepares and returns a thorough confidential evaluation of the candidate. Next, the Governor officially nominates the candidate, who must then be evaluated by the Commission on Judicial Appointments, which consists of the Chief Justice of California, the Attorney General of California, and a senior presiding justice of the Court of Appeal. The Commission holds a public hearing and if satisfied with the nominee's qualifications, confirms the nomination, which enables the nominee to be sworn in and begin serving immediately.

All nominees must have been members of the State Bar of California for at least 10 years preceding their nomination. Typical nominees include experienced attorneys in private practice, current superior court judges, and current federal district judges. Some nominees have taught as adjunct professors or lecturers in law schools, but tenured professors are extremely rare. Another path to the Courts of Appeal is to work for the Governor, especially as appointments secretary, cabinet secretary, or legal affairs secretary.

Terms of both Court of Appeal and Supreme Court justices are 12 years. However, if a nominee is confirmed to an existing seat partway through a term, the nominee can only serve the remaining period of the term before standing for election. All California appellate justices must undergo retention elections every 12 years at the same time as the general gubernatorial election, in which the sole question is whether to retain the justice for another 12 years. If a majority votes "no," the seat becomes vacant and may be filled by the Governor. While Supreme Court justices are voted on by the entire state, Court of Appeal justices are voted on only by the residents of their districts.

Like all other California judges, Court of Appeal justices are bound by the California Code of Judicial Conduct and can be removed prior to the expiration of their terms by the Commission on Judicial Performance. In order to protect judicial independence (and because the losing party to a lawsuit will almost always regard the judge who ruled against them to be incompetent or biased), the CJP generally only initiates removal proceedings in cases of severe or extensive judicial misconduct.

Organization

California Courts of Appeal is located in California
San Francisco
San Francisco
Ventura
Ventura
Riverside
Riverside
Los Angeles
Los Angeles
Sacramento
Sacramento
Santa Ana
Santa Ana
San Diego
San Diego
Fresno
Fresno
San Jose
San Jose
Locations of Courts of Appeal courthouses

When there is a vacancy on the Supreme Court of California, or if a Supreme Court justice recuses him or herself from a case, a Court of Appeal justice is temporarily assigned to hear each Supreme Court case requiring such assignment. When there are vacancies on the Court of Appeal, the Chief Justice of the Supreme Court temporarily assigns a judge from the superior court to sit as a Court of Appeal justice.

Some of the appellate districts (First and Second) are divided into divisions that have four appellate justices, who are randomly selected to form three-justice panels for each appellate case, and whose workloads are divided semi-randomly to ensure even division of work. Some of the appellate districts (Third, Fifth, and Sixth) are not divided into divisions; for each appellate case, three-justice panels are semi-randomly drawn, again to ensure even division of work. The Fourth District is unique in that it is divided into three geographically-based divisions that are administratively separate, each of which works much like the Third, Fifth, and Sixth Districts. When the presiding justice of a district or division is part of the three-justice panel, he/she serves as the presiding justice on the case. When the presiding justice is not part of the three-justice panel, the senior justice of the three-justice panel serves as the acting presiding justice on the case.

The First, Second, and Third Districts each have one big courtroom at their main courthouses which they share with the Supreme Court of California. Therefore, on a typical weekday, the courtrooms of those districts will have three Court of Appeal justices seated at an extra-wide bench large enough to accommodate the seven justices of the Supreme Court.

Unlike the federal courts of appeals, the state Courts of Appeal have no provision allowing rehearing of cases en banc by all justices of a district (or a division in the case of the Fourth District). If a conflict becomes evident between published opinions of different panels or divisions of the same district, and the newer opinion creating the conflict is not immediately appealed to the Supreme Court of California or depublished by that court, the conflict will simply persist until the high court reaches the issue in a future case.

Each court of appeal is led by an administrative presiding justice (APJ).[11] In courts of appeal with divisions, the Chief Justice of California may designate the presiding justice of one division as the APJ, while in courts of appeal without divisions, the presiding justice is also the APJ.[11] As the title implies, the APJ is responsible for managing the court's personnel, operations, caseload, budget, and facilities.[11]

First District

The Supreme Court of California's headquarters is also home to the First District
The Supreme Court of California's headquarters is also home to the First District

The California Court of Appeal for the First District is one of the first three appellate districts created in 1904 and is located in San Francisco. Its jurisdiction is over the following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma.[1] It is divided into five non-geographical divisions with four justices each:

Division One:

  • Jim Humes, Presiding Justice
  • Sandra L. Margulies, Associate Justice
  • Kathleen M. Banke, Associate Justice
  • Gabriel P. Sanchez, Associate Justice

Division Two:

  • J. Anthony Kline, Presiding Justice
  • James A. Richman, Associate Justice
  • Theresa M. Stewart, Associate Justice
  • Marla J. Miller, Associate Justice

Division Three:

  • Peter J. Siggins, Presiding Justice
  • Carin T. Fujisaki, Associate Justice
  • Ioana Petrou, Associate Justice
  • (Vacant), Associate Justice

Division Four:

  • Stuart R. Pollak, Presiding Justice
  • Jon B. Streeter, Associate Justice
  • Alison M. Tucher, Associate Justice
  • Tracie L. Brown, Associate Justice

Division Five:

  • Barbara J. R. Jones, Presiding Justice
  • Mark B. Simons, Associate Justice
  • Henry E. Needham, Jr., Associate Justice
  • Gordon B. Burns, Associate Justice

Second District

The Second District's main courthouse in Los Angeles, which it shares with the Supreme Court's branch office
The Second District's main courthouse in Los Angeles, which it shares with the Supreme Court's branch office
The secondary courthouse in Ventura for Division Six
The secondary courthouse in Ventura for Division Six

The California Court of Appeal for the Second District is one of the first three appellate districts created in 1904 and has its main courthouse in Los Angeles and the secondary courthouse, hosting Division Six, in Ventura. Division Six handles appeals from San Luis Obispo, Santa Barbara, and Ventura Counties, while Divisions One through Five, Seven, and Eight handle appeals from Los Angeles County.[1] Each division has four justices.

Division One:

  • Frances Rothschild, Presiding Justice
  • Victoria Gerrard Chaney, Associate Justice
  • Jeffrey W. Johnson, Associate Justice
  • Helen I. Bendix, Associate Justice

Division Two:

  • Elwood Lui, Presiding Justice
  • Judith M. Ashmann-Gerst, Associate Justice
  • Victoria M. Chavez, Associate Justice
  • Brian M. Hoffstadt, Associate Justice

Division Three:

  • Lee Ann Edmon, Presiding Justice
  • Luis A. Lavin, Associate Justice
  • Anne H. Egerton, Associate Justice
  • Halim Dhanidina, Associate Justice

Division Four:

Division Five:

  • Laurence D. Rubin, Presiding Justice
  • Lamar W. Baker, Associate Justice
  • Carl H. Moor, Associate Justice
  • Dorothy C. Kim, Associate Justice

Division Six:

  • Arthur Gilbert, Presiding Justice
  • Kenneth R. Yegan, Associate Justice
  • Steven Z. Perren, Associate Justice
  • Martin J. Tangeman, Associate Justice

Division Seven:

Division Eight:

  • Tricia A. Bigelow, Presiding Justice
  • Elizabeth A. Grimes, Associate Justice
  • Maria E. Stratton, Associate Justice
  • John Shepard Wiley, Jr., Associate Justice

Third District

The Third District's courthouse in Sacramento
The Third District's courthouse in Sacramento

The California Court of Appeal for the Third District is one of the first three appellate districts created in 1904 and is located in Sacramento. Its jurisdiction is over the following counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba.[1] It has 11 justices and is not divided into divisions.

Justices:

  • Vance W. Raye, Presiding Justice
  • Coleman A. Blease, Associate Justice
  • Harry Hull, Associate Justice
  • Ronald B. Robie, Associate Justice
  • M. Kathleen Butz, Associate Justice
  • Louis R. Mauro, Associate Justice
  • William J. Murray, Jr., Associate Justice
  • Elena J. Duarte, Associate Justice
  • Andrea L. Hoch, Associate Justice
  • Jonathan K. Renner, Associate Justice
  • Peter A. Krause, Associate Justice

Fourth District

The California Court of Appeal for the Fourth District is unique in that it is divided into three geographical divisions that are administratively separate, which even have different case number systems, and yet remain referred to as a single district.

Division One

Fourth District, Division One's courthouse at Symphony Towers in San Diego
Fourth District, Division One's courthouse at Symphony Towers in San Diego

The Division One courthouse is located in San Diego. It handles appeals from Imperial and San Diego Counties.[1] It has 10 justices.

Justices:

  • Judith McConnell, Presiding Justice
  • Patricia D. Benke, Associate Justice
  • Richard D. Huffman, Associate Justice
  • Gilbert Nares, Associate Justice
  • Judith L. Haller, Associate Justice
  • Terry B. O'Rourke, Associate Justice
  • Cynthia Aaron, Associate Justice
  • Joan Irion, Associate Justice
  • William Dato, Associate Justice
  • Patricia Guerrero, Associate Justice

Division Two

Division Two's Riverside courthouse
Division Two's Riverside courthouse

The Division Two courthouse is located in Riverside. It handles appeals from Inyo, Riverside, and San Bernardino Counties.[1] It currently has eight justices.

Justices:

  • Manuel A. Ramirez, Presiding Justice
  • Art W. McKinster, Associate Justice
  • Douglas P. Miller, Associate Justice
  • Carol D. Codrington, Associate Justice
  • Marsha G. Slough, Associate Justice
  • Richard T. Fields, Associate Justice
  • Michael J. Raphael, Associate Justice
  • Frank J. Menetrez, Associate Justice

Division Three

The Division Three courthouse in Santa Ana
The Division Three courthouse in Santa Ana

The Division Three courthouse is located in Santa Ana. It handles appeals from Orange County.[1] It has eight justices.

Justices:

  • Kathleen E. O'Leary, Presiding Justice
  • William W. Bedsworth, Associate Justice
  • Eileen C. Moore, Associate Justice
  • Richard M. Aronson, Associate Justice
  • Richard F. Fybel, Associate Justice
  • Raymond J. Ikola, Associate Justice
  • David A. Thompson, Associate Justice
  • Thomas M. Goethals, Associate Justice

History

The Fourth District was formed by a division of the Second District pursuant to legislation that went into effect on June 5, 1929. The first decision made by the Fourth District was on October 16, 1929, in the case of Mills v. Mills (1929) 101 Cal.App. 248 [281 P. 707].

Originally, appeals from all of Southern California (including the San Joaquin Valley) were heard by the state supreme court sitting in Los Angeles, and then the Second District took over most of that caseload when it was created in 1904. Lawyers from the rest of Southern California outside of Los Angeles County grew tired of having to travel hundreds of miles to and from Los Angeles just to argue appeals. They lobbied for the creation of a Fourth District that would sit at locations closer to them. Three state senators from San Diego, Fresno and San Bernardino orchestrated the creation of the Fourth District in 1929. As a compromise, the court was created as a "circuit-riding" court that would sit each year in all three of those cities: Fresno (January-April), San Diego (May-August), and San Bernardino (September-December).

In 1961, the Fifth District, with headquarters in Fresno, was created to hear appeals from San Joaquin Valley counties. The Fourth District's remaining territory was still enormous (San Bernardino County is the single largest county in the contiguous United States by area); in 1965, the Fourth District split itself into Division One, sitting permanently in San Diego, and Division Two, sitting permanently in San Bernardino (now Riverside), meaning it would no longer be a circuit-riding court. The two divisions shared jurisdiction over Orange County until the creation of Division Three in 1982.

Fifth District

The Fifth District's Fresno courthouse
The Fifth District's Fresno courthouse

The California Court of Appeal for the Fifth District is located in Fresno. Its jurisdiction covers the following counties: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne.[1] It currently has 10 justices.

Justices:

  • Brad R. Hill, Presiding Justice
  • Bert Levy, Associate Justice
  • Charles S. Poochigian, Associate Justice
  • Jennifer R.S. Detjen, Associate Justice
  • Donald R. Franson, Jr., Associate Justice
  • Rosendo Peña, Jr., Associate Justice
  • M. Bruce Smith, Associate Justice
  • Kathleen Meehan, Associate Justice
  • Mark W. Snauffer, Associate Justice
  • Thomas De Santos, Associate Justice

History

The Fifth District was formed by a division of the Third District pursuant to legislation enacted in 1961 (Stats.1961, c. 845, p. 2128, § 7). The first decision made by the Fifth District was on November 21, 1961, in the case of Wheat v. Morse (1961) 17 Cal.Rptr. 226 [197 Cal.App.2d 203].

Sixth District

The Comerica Bank Tower, which houses the Sixth District's courthouse
The Comerica Bank Tower, which houses the Sixth District's courthouse

The California Court of Appeal for the Sixth District is located in the Comerica Bank building in San Jose. Its jurisdiction covers Monterey, San Benito, Santa Clara, and Santa Cruz Counties.[1] It has seven justices.

Justices:

  • Mary J. Greenwood, Presiding Justice
  • Eugene M. Premo, Associate Justice
  • Franklin D. Elia, Associate Justice
  • Patricia Bamattre-Manoukian, Associate Justice
  • Nathan D. Mihara, Associate Justice
  • Adrienne M. Grover, Associate Justice
  • Allison M. Danner, Associate Justice

History

The Sixth District was formed by a division of the First District pursuant to legislation enacted in 1981 (Stats.1981, c. 959, p. 3645, § 5). The first decision made by the Sixth District was on December 13, 1984, in the case of People v. Dickens (1984) 163 Cal.App.3d 377 [208 Cal.Rptr. 751].

See also

Notes

  1. ^ a b c d e f g h i California Government Code Sections 69100-69107.
  2. ^ Auto Equity Sales, Inc. v. Superior Court,, 57 Cal. 2d 450, 369 P.2d 937, 20 Cal. Rptr. 321 (1962).
  3. ^ See, e.g., Reiser v. Residential Funding Corp., 380 F.3d 1027 (7th Cir. 2004).
  4. ^ a b c Sarti v. Salt Creek Ltd., 167 Cal.App.4th 1187, 1193 (2008).
  5. ^ a b McCallum v. McCallum, 190 Cal.App.3d 308, 315 n.4 (1987).
  6. ^ The so-called Wende appellate procedure was upheld as compatible with the Fourteenth Amendment in Smith v. Robbins, 528 U.S. 259 (2000).
  7. ^ a b c d People v. Kelly, 40 Cal. 4th 106 (2006).
  8. ^ Conservatorship of Ben C., 40 Cal.4th 529, 150 P.3d 738, 53 Cal.Rptr. 3d 856 (2007).
  9. ^ In re Sade C., 13 Cal.4th 952, 920 P.2d 716, 55 Cal.Rptr. 2d 771 (1996).
  10. ^ Schmier v. Supreme Court, 78 Cal.App.4th 703 (2000). The plaintiff in this case unsuccessfully challenged the selective publication policy as unconstitutional. The court retorted: "Appellant either misunderstands or ignores the realities of the intermediate appellate process." The court went on to describe the variety of frivolous appeals regularly encountered by the Courts of Appeal, and concluded: "Our typical opinions in such cases add nothing to the body of stare decisis, and if published would merely clutter overcrowded library shelves and databases with information utterly useless to anyone other than the actual litigants therein and complicate the search for meaningful precedent."
  11. ^ a b c Cal. Rules of Court, rule 10.1004.

External links

This page was last edited on 12 January 2020, at 08:16
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