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Philip L. Goar Night of the Roundtables The Los Angeles County Bar Association Appellate Courts Section Presents Philip L. Goar Night of the Roundtables Tuesday, March 13, 2018 Program - 4:30 PM - 6:00 PM California Court of Appeals , Los Angeles 1.5 CLE Hours (INCLUDES 1.5 HRS OF APPELLATE COURTS SPECIALIZATION CREDIT) Provider #36 The Los Angeles County Bar Association is a State Bar of California approved MCLE provider. The Los Angles County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California. 2018 Roundtable Presenter Bios: Jessica Butterick has been a research attorney at the Court of Appeal since 2015. She works for Justice Lavin in Division 3 on dependency, civil, and complex criminal cases. Before joining the court, Jessica worked on direct appeals and habeas petitions in capital cases and served as appointed appellate counsel in the Second and Fourth Appellate Districts. When not obsessing about criminal fines and fees, Jessica can often be found in ballet class. Carter Cassidy is an alumnus of the University of San Diego and the University of Denver’s Sturm College of Law. He was admitted to the California Bar in 2013. He is a Senior Deputy Clerk at the Second District Court of Appeal and can be currently found assuring attorneys and pro pers alike that e-filing is actually easy and not as bad as you think. Mimi Keller started at the Court of Appeal in a one-year position. She has worked as a research attorney over 18 years and has been fortunate to work for several justices in different divisions. Her other professional experience includes briefly working at a large law firm and following fourth-graders as part of an educational research study. She graduated from Swarthmore College and UCLA School of Law. Ari Kleiman has been a writs attorney in the Second District since 1999. Until the end of 2016, he served in Division Eight. He is currently in Division Three. Before coming to the Court of Appeal, Ari was an appellate practitioner at Horvitz & Levy. Sharon Perlmutter skipped from kindergarten into first grade, thereby bypassing that part of one’s education where you learn manners and sharing. She graduated UC Berkeley with High Distinction in General Scholarship and Highest Honors in Mathematics, the latter only because it is super-intimidating. She obtained her J.D. from Yale Law School, worked at a law firm for 18 months, ran screaming from private practice, and has been safely ensconced in the warmth of the client-free ivory tower of the Reagan Building, where she has been a a Court of Appeal research attorney for 24 years. Merete Rietveld has been a research attorney at the Court of Appeal for five years in Divisions 3 and 8 doing both criminal and civil cases. Prior to the Court of Appeal she worked as a law clerk for two judges at the Stanley Mosk courthouse after having fled the field of litigation. She has a background in writing and editing, and in hard times, freelanced as a giant fruit in the LA Veggie Pride Parade. Celeste Willhite graduated from Georgetown University Law Center. She was a civil appellate practitioner for five years before joining the Court of Appeal. She has been a research attorney for 21 years, handling appeals for the first 18 years and writs for the past 3 years. Her life’s ambition is to be a stay at home dog mom. NIGHT OF THE ROUNDTABLES: ASK A WRITS ATTORNEY Celeste Willhite and Ari Kleiman March 13, 2018 WRIT PETITIONS Jurisdiction The Court of Appeal has original jurisdiction over writ petitions. (Cal. Const., art. VI, § 10.) Writ of mandate C.C.P. § 1085 (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board, or person. C.C.P. § 1086 The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested. CCP §1087 The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted. C.C.P. § 1088 When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternative writ and also with any notice of an intention to apply for the writ, there must be served on each person against whom the writ is sought a copy of the petition. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appears or not. Writ of prohibition C.C.P. § 1102 The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. 2 C.C.P. § 1104 The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court at a time and place then or thereafter specified by court order why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted. 3 Petition content Rule 8.486 Petitions (writs of mandate, certiorari, and prohibition in the Supreme Court and Court of Appeal) (a) Contents of petition (1) If the petition could have been filed first in a lower court, it must explain why the reviewing court should issue the writ as an original matter. (2) If the petition names as respondent a judge, court, board, or other officer acting in a public capacity, it must disclose the name of any real party in interest. (3) If the petition seeks review of trial court proceedings that are also the subject of a pending appeal, the notice “Related Appeal Pending” must appear on the cover of the petition and the first paragraph of the petition must state: (A) The appeal’s title, trial court docket number, and any reviewing court docket number; and (B) If the petition is filed under Penal Code section 1238.5, the date the notice of appeal was filed. (4) The petition must be verified. (5) The petition must be accompanied by a memorandum, which need not repeat facts alleged in the petition. (6) Rule 8.204(c) governs the length of the petition and memorandum, but, in addition to the exclusions provided in that rule, the verification and any supporting documents are excluded from the limits stated in rule 8.204(c)(1) and (2). (7) If the petition requests a temporary stay, it must comply with the following or the reviewing court may decline to consider the request for a temporary stay: (A) The petition must explain the urgency. (B) The cover of the petition must prominently display the notice “STAY REQUESTED” and identify the nature and date of the proceeding or act sought to be stayed. (C) The trial court and department involved and the name and telephone number of the trial judge whose order the request seeks to stay must appear either on the cover or at the beginning of the text. (b) Contents of supporting documents (1) A petition that seeks review of a trial court ruling must be accompanied by an adequate record, including copies of: (A) The ruling from which the petition seeks relief; (B) All documents and exhibits submitted to the trial court supporting and opposing the petitioner’s position; (C) Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the ruling under review; and (D) A reporter’s transcript of the oral proceedings that resulted in the ruling under review. (2) In exigent circumstances, the petition may be filed without the documents required by (1)(A)-(C) but must include a declaration that explains the urgency and the 4 circumstances making the documents unavailable and fairly summarizes their substance. (3) If a transcript under (1)(D) is unavailable, the record must include a declaration: (A) Explaining why the transcript is unavailable and fairly summarizing the proceedings, including the parties’ arguments and any statement by the court supporting its ruling.
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