Purpose

The purpose of these procedures is to provide members of the bar and other interested persons with general information concerning the internal organization of the Second Appellate District and its internal procedures for processing cases. The discussion of practices and procedures is necessarily general and the practices and procedures may be altered in particular cases for a variety of reasons.

Structure

The Second District covers four counties and consists of eight separate divisions. Divisions One through Five, Seven and Eight are located at 300 South Spring Street, Los Angeles, California, 90013 and handle all matters arising from Los Angeles County. Division Six is located at 200 East Santa Clara Street, Ventura, California, 93001 and handles all matters arising from Ventura, Santa Barbara, and San Luis Obispo Counties. Each division is a separate unit for the purpose of hearing and deciding cases assigned to it and consists of four justices, one of whom is the Presiding Justice. Presiding Justices are appointed by the Governor. Research attorneys, secretaries, clerks, and externs are assigned to the justices and divisions.

The divisions share a common clerk's office, certain support personnel, and physical facilities. One of the Presiding Justices is appointed Administrative Presiding Justice by the Chief Justice and performs the duties prescribed in rule 10.1004 of the California Rules of Court. The Administrative Presiding Justice serves as chair of the Executive Committee, which is comprised of one justice from each division, usually the Presiding Justice. It is the function of the Executive Committee to recommend to the Administrative Presiding Justice the expenditure of funds and the employment of personnel within the District.

Assignment of Cases

All original proceedings and appeals arising in Ventura, Santa Barbara, and San Luis Obispo Counties are assigned to Division Six. Original proceedings and appeals arising in Los Angeles County are assigned to the divisions in Los Angeles (One through Five, Seven and Eight) on a random pro rata basis. Once a case has been assigned to a division it remains in that division for all further proceedings, unless a request is made to the Supreme Court to transfer the case to another division under article VI, section 12 of the California Constitution and rule 10.1000 of the California Rules of Court. Usually, such a request is made by the clerk, upon direction of the Presiding Justice of the division involved.

When an appeal has been fully briefed and is "ready," it is assigned on a random pro rata basis to a three-justice panel with one of the justices designated the lead justice responsible for preparing a bench memorandum. The matter is also set for oral argument on the next available calendar. Oral argument may be waived by the parties.

Original proceedings which do not seek immediate relief are usually reviewed by a writs attorney assigned to the particular division within one to two weeks. The attorney prepares and distributes a memorandum and copies of the petition, exhibits, and any preliminary opposition to the justices for discussion at periodic writ conferences, usually weekly or bi-weekly, at which the justices will determine how to proceed on the matter. If the original proceeding seeks immediate relief, the writs attorney will review the matter shortly after receiving it and distribute a memorandum and supporting documents to the justices then available to review it at which time a determination will be made. If relief is granted which requires a hearing, it will be scheduled at the earliest available date.

Motions

The Presiding Justice of each division determines the manner in which motions are handled within that division.

Mediation/Settlement Procedures

The Second District participates in a courtwide voluntary mediation program conducted prior to the time the record is required to be filed. Notice is sent by the Superior Court to the appellant upon filing of a notice of appeal and if all parties desire to participate in the program, a form is returned to the superior court triggering the process. The mediation process is presided over by a volunteer attorney who is an appellate/mediation specialist. If the parties do not originally opt to enter the mediation program but later desire to explore mediation or settlement with the help of the court, the clerk's office of the Second District should be contacted. Some divisions also afford parties an opportunity to discuss settlement and the clerk of that division should be contacted.

Preparation of Cases

Each justice maintains a chambers which consists of the justice, a secretary, and research attorneys. For each case to which the justice is assigned the lead, the justice and the research attorneys are responsible for reading the briefs, reviewing the record, and preparing a bench memorandum. Each justice also reviews the briefs for each case on which the justice serves as a panel member, but is not the lead justice. Justices and research attorneys may confer with each other informally from time to time as the cases are being prepared. On occasion, if an issue arises which has not been adequately briefed by the parties, a letter pursuant to Government Code section 68081 will be sent to the parties requesting further briefing or advising the parties to be prepared to address the issue at oral argument.

As they are completed, or shortly before argument, bench memoranda are distributed to the other chambers for review by the panel justices. The cases are usually conferenced among the justices on the panel. Each division differs to some extent on the manner in which the cases are conferenced among the justices.

Argument

Each division generally schedules hearings for two days each month and entertains argument on those matters for which oral argument has not been waived by the parties. Each division differs to some extent on the manner in which calendars are called and the order in which the matters are scheduled for argument. Unless further briefing is allowed, the cases are submitted at close of argument and an opinion is filed within 90 days thereafter. If further briefing is allowed, the date of submission will depend upon the order of the court.

Determination

The bench memorandum is circulated for approval. If the parties have waived oral argument or no change is required after argument, and all justices have approved the bench memorandum, it will form the basis of the opinion to be filed. If oral argument suggests issues which need to be considered or consensus does not exist based upon the bench memorandum, the bench memorandum may be altered or discarded and a new memorandum may be circulated. Concurring and dissenting opinions may also be prepared.

Rehearing

Timely petitions for rehearing are immediately presented to the author of the opinion and to the panel members for review. In many instances rulings denying these petitions are made prior to the time opposition is due, and if the court desires opposition, the clerk will usually be directed to call counsel and request that a response be filed. In some instances a modification may be issued and rehearing otherwise denied. Grant of a petition for rehearing may or may not result in a request for further briefing, and oral argument is at the pleasure of the court.

Publication

If a majority of the panel rendering the decision deems that the opinion, or any part of it, meets the standards for publication contained within rule 8.1105, subdivision (b), of the California Rules of Court, then the opinion may be published or partially published.

Local Rules of the Second Appellate District

The Second District has adopted a number of local rules. (See Local Rules of the Courts of Appeal.)

Assigned Justices

Upon request, the Chief Justice from time to time assigns judges, retired judges, and retired justices to sit as a justice of the Court of Appeal for a 90-day period. The court utilizes the services of assigned justices to assist with its workload. Assigned justices permit the court to cover judicial vacancies and disqualifications, complete in a timely fashion its determination of complex or jumbo appeals, and maintain its current status.

Externs

The District maintains an unpaid extern program utilizing law students on a part-time or full-time basis in return for law school credit. This is a centralized program with one justice responsible for recruitment and assignment of externs to justices throughout the court. Once assigned to a justice, externs work under the close supervision of that justice and the justice's staff. In recent years, externs have come to the court from Boalt Hall, Georgetown, Hastings, Loyola, McGeorge, Northeastern, Northwestern, NYU, Pepperdine, Southwestern, Tulane, U.C. Davis, UCLA, University of Connecticut, University of Illinois, University of Minnesota, USC, University of San Diego, and Whittier. In addition to the District's centralized extern program, individual justices may accept extern applications.