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Brian M. Hoffstadt

See more on Brian M. Hoffstadt

Presiding Justice
California Courts of Appeal
2nd Appellate District, Division 5
California Court of Appeal
Department/Division: 5

300 S Spring St Fl 2 North Tower
Los Angeles , CA 90013-1213
(213) 830-7000



Nominated as presiding justice of the 2nd District's Division 5 by Gov. Gavin Newsom, October 2024; appointed to the California Court of Appeal by Gov. Jerry Brown, 2014; appointed to the Los Angeles Superior Court by Gov. Arnold A. Schwarzenegger, 2010; partner, Jones Day, 2007-2010; assistant U.S. attorney, Los Angeles, 2000-2007; senior counsel, Office of Policy Development, U.S. Department of Justice, 1998-2000; special counsel, Office of General Counsel, Federal Communications Commission, 1997-1998; law clerk to U.S. Supreme Court Justice Sandra Day O'Connor, 1996; law clerk to Ninth Circuit Court of Appeals Judge Cynthia Holcomb Hall, 1995-1996

UCLA School of Law, 1995



Judicial Profiles
Title Court Published
Valuable Resource 2nd District Court of Appeal (Los Angeles) Aug. 22, 2018
Brian M. Hoffstadt Los Angeles County Superior Court (West Covina) Jul. 17, 2011

Columns
Title Category Published
Can generative AI meet the reasonable person standard in court? Technology, Law Practice Jun. 4, 2025
What is necessary and what is wise Judges and Judiciary, Civil Procedure Mar. 20, 2025
May the 'initial inquiry' be with you California Supreme Court Jan. 22, 2025
Cascading retroactivity Judges and Judiciary, Criminal, California Supreme Court Dec. 3, 2024
Doing the splits U.S. Supreme Court, California Supreme Court Sep. 17, 2024
The architecture of democracy U.S. Supreme Court Jul. 25, 2024
Glossip Swirl: Supreme Court will hear criminal discovery obligation case Criminal May 21, 2024
Connecting the dots on the admissibility of expert opinions on defendant’s intent U.S. Supreme Court, Evidence Mar. 14, 2024
Gray areas Evidence, California Supreme Court Jan. 31, 2024
What I Learned From SO’C U.S. Supreme Court, Judges and Judiciary Dec. 5, 2023
"When is an acquittal not an acquittal?" U.S. Supreme Court, Constitutional Law Sep. 20, 2023
How much is that doggie in the window? Evidence Jul. 20, 2023
Et tu, Bruton? U.S. Supreme Court, Constitutional Law May 17, 2023
Paint it black Family, Constitutional Law Apr. 12, 2023
It’s a bird, it’s a plane… It’s a super statute Government Feb. 14, 2023
Bah Humbug Guide to Legal Writing, Law Practice, Appellate Practice Dec. 16, 2022
Divide & Prejudice Judges and Judiciary, Family Sep. 23, 2022
Slicing the Atom Constitutional Law Aug. 3, 2022
Don’t (Geo-)fence me in Criminal, Constitutional Law Jun. 2, 2022
Let’s Face It Law Practice, Criminal, Appellate Practice May 11, 2022
You Complete Me U.S. Supreme Court, Criminal, Constitutional Law Mar. 22, 2022
Breadcrumbs or apple seeds? Civil Litigation, California Supreme Court Jan. 11, 2022
Crawford today: Tasting great or less filling? U.S. Supreme Court, Constitutional Law, Civil Litigation, California Supreme Court Nov. 17, 2021
Journey to the Center of the Fourth (Amendment) Constitutional Law Sep. 21, 2021
‘Jurassic’ Wisdom California Supreme Court Jul. 20, 2021
The chicken or the egg: temporal primacy and California law U.S. Supreme Court, Constitutional Law May 5, 2021
Icarus’ D-I-Y guide to gliders Apr. 20, 2021
At the Mountains of Madness U.S. Supreme Court, Criminal, Constitutional Law Apr. 9, 2021
The unknowable weight of separateness Criminal, California Supreme Court Mar. 16, 2021
Pants on fire Immigration, Appellate Practice Jan. 12, 2021
WWLHD? (What would the Legislature have done? Constitutional Law, Appellate Practice Nov. 16, 2020
Hit or miss: Is that the question? U.S. Supreme Court, Criminal Sep. 9, 2020
Who watches the watchers? U.S. Supreme Court, Criminal, Constitutional Law Jul. 9, 2020
Reality check Judges and Judiciary, Government, Constitutional Law May 20, 2020
Goldilocks and the 3 Batson fixes Law Practice, Constitutional Law, Civil Rights Mar. 24, 2020
Face-to-face confrontation: Who should connect the dots? Criminal, Constitutional Law Feb. 12, 2020
The crowdsourced jury Civil Litigation Dec. 18, 2019
Shocks: after or fore? Criminal, California Supreme Court, California Courts of Appeal Oct. 22, 2019
The Jagged Shore Criminal, Constitutional Law, California Courts of Appeal Aug. 20, 2019
Rub a dub dub U.S. Supreme Court, Constitutional Law Jul. 23, 2019
Of two minds Government, Constitutional Law May 20, 2019
The schizophrenic Sixth Criminal, Constitutional Law, California Courts of Appeal Mar. 20, 2019
Judicial opinions must ‘show their math’ U.S. Supreme Court, Judges and Judiciary, California Courts of Appeal, Appellate Practice Jan. 16, 2019
‘Go ahead then... prove it!’ Nov. 7, 2018
Will the ‘digital divide’ persist? U.S. Supreme Court, Constitutional Law Sep. 11, 2018
A riddle (almost) as old as California Civil Litigation, Law Practice, Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice Jul. 16, 2018
Divorcing the message from the messenger U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court May 22, 2018
Court: ‘Hold my beer’ Government, Criminal, California Courts of Appeal Mar. 21, 2018
A penny for your thoughts U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal Feb. 15, 2018
How do you spell ‘G-U-I-D-A-N-C-E’? U.S. Supreme Court, Judges and Judiciary, Appellate Practice Dec. 12, 2017
Beginning to see the light U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals Oct. 17, 2017
Tailoring the Emperor’s New Clothes U.S. Supreme Court, Civil Litigation, Judges and Judiciary, California Supreme Court, Appellate Practice Aug. 14, 2017
SEARCH WARS: Return of the Judiciary U.S. Supreme Court, Constitutional Law May 17, 2017
SEARCH WARS: The Fifth Amendment Strikes Back U.S. Supreme Court, Constitutional Law May 16, 2017
SEARCH WARS: A New Hope for Definitional Clarity U.S. Supreme Court, Constitutional Law May 15, 2017
The unbreakable structure of structural errors U.S. Supreme Court, Criminal, Constitutional Law Mar. 16, 2017
When analogies fail U.S. Supreme Court, Constitutional Law Jan. 12, 2017
Filling a void in the law U.S. Supreme Court, Judges and Judiciary, Criminal, California Supreme Court, California Courts of Appeal Nov. 9, 2016
The Fourth Amendment pendulum U.S. Supreme Court, Constitutional Law Sep. 15, 2016
Doctrinal synergy U.S. Supreme Court, Criminal, Constitutional Law Jul. 7, 2016
Which one of these things is not like the others? U.S. Supreme Court, Constitutional Law Jun. 17, 2016
Which one of these is not the same? U.S. Supreme Court, Constitutional Law Jun. 17, 2016
Where does the right to obtain evidence prior to trial fall? Constitutional Law, California Supreme Court Apr. 21, 2016
Electronic evidence laws raise questions U.S. Supreme Court, Constitutional Law Feb. 9, 2016
Then again, maybe not U.S. Supreme Court, Judges and Judiciary Dec. 15, 2015
Same basic facts, different conclusion Appellate Practice Oct. 20, 2015
Brady's self-help exception Criminal, California Supreme Court Aug. 25, 2015
When is enough enough? U.S. Supreme Court, Constitutional Law Jun. 18, 2015
'It's alive!'... But what is it? U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court Apr. 22, 2015
A first bite at the apple U.S. Supreme Court, Judges and Judiciary, Constitutional Law, California Supreme Court Feb. 21, 2015
Brady v. Pitchess: real conflict or fairy tale? U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court Dec. 23, 2014
Deputizing the whole wide countryside U.S. Supreme Court, Intellectual Property Oct. 29, 2014
Fourth Amendment geometry U.S. Supreme Court, Criminal, Constitutional Law Sep. 16, 2014
Shades of Gray: to err in jury selection Constitutional Law Jul. 9, 2014
'Reading tea leaves,' or: applying the Crawford decision U.S. Supreme Court, Constitutional Law May 8, 2014
Encryption issues under Fifth Amendment purview Constitutional Law Mar. 6, 2014
A new version of 'reasonable suspicion' U.S. Supreme Court Jan. 9, 2014
Oversimplified slippery slope arguments U.S. Supreme Court Oct. 15, 2013
'Snapshot' judging Judges and Judiciary Aug. 20, 2013
Crowd sourcing as a source? Law Practice Jul. 2, 2013
The invincibility of arbitration clauses U.S. Supreme Court, Civil Litigation, California Supreme Court May 17, 2013
Biometrics and Fourth Amendment 'overbreadth' U.S. Supreme Court, Criminal, Constitutional Law Mar. 29, 2013
What do judges do? U.S. Supreme Court Feb. 12, 2013
Dog sniffs and that new Fourth Amendment smell U.S. Supreme Court Dec. 19, 2012
When is A majority THE majority? U.S. Supreme Court Oct. 31, 2012
Stolen valor and prosecutorial discretion Constitutional Law Sep. 11, 2012
Judicial philosophies collide in Williams Constitutional Law Jul. 31, 2012
Criminal procedure and the reasonable person U.S. Supreme Court Jun. 26, 2012
What is the best medicine in Lafler? Criminal May 18, 2012
When is an advisory opinion 'too advisory'? Law Practice Apr. 6, 2012
To object or not to object: What is the consequence? U.S. Supreme Court Feb. 28, 2012
The other majority opinion in the US Supreme Court's GPS case U.S. Supreme Court, Constitutional Law Feb. 8, 2012
The good, the bad and the inconsistency: Peremptory challenges and their potential for abuse Constitutional Law Jan. 10, 2012
A criminal defendant’s pre-trial right to discovery: constitutional or not? Criminal Nov. 30, 2011
A pocket full of clouds: digital devices and the Fourth Amendment U.S. Supreme Court, Constitutional Law Sep. 21, 2011
The roles of judge and jury: Is the US Supreme Court of two minds? U.S. Supreme Court, Constitutional Law Aug. 26, 2011
Procedural protections of the Sixth Amendment: The means to an end, or an end in themselves? U.S. Supreme Court, Constitutional Law Jul. 21, 2011

Rulings
Case Category Published
Cash v. County of Los Angeles
author
Attorneys Jun. 2, 2025
People v. Cabrera
concurring
Criminal Law and Procedure Jun. 2, 2025
Hofer v. Boladian
author
Arbitration May 12, 2025
Williams v. Alacrity Solutions Group
author
Employment Law Apr. 23, 2025
Estate of St. John v. Schaeffler
author
Real Property Mar. 24, 2025
Charlie L. v. Kangavari
author
Health Care Jan. 3, 2025
Ofek Rachel, Ltd. v. Zion
author
Civil Procedure Nov. 22, 2024
Smith v. Magic Mountain LLC
author
Torts Nov. 22, 2024
Modification: Gooden v. County of Los Angeles
author
Environmental Law Nov. 15, 2024
Gooden v. County of Los Angeles
author
Environmental Law Oct. 28, 2024
Reich v. Reich
author
Trust and Estates Oct. 25, 2024
Gorobets v. Jaguar Land Rover North America, LLC
author
Civil Procedure Oct. 11, 2024
Modification: Valdovinos v. Kia Motors America, Inc.
author
Consumer Law Sep. 24, 2024
Valdovinos v. Kia Motors America, Inc.
author
Consumer Law Aug. 30, 2024
People v. Esquivias
author
Criminal Law and Procedure Jul. 19, 2024
Modification: Carolina Beverage Corp. v. Fiji Water Co., LLC
author
Contracts Jun. 21, 2024
A.L. v. Harbor Developmental Disabilities Foundation
author
Torts May 31, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
author
Contracts May 31, 2024
AIDS Healthcare Foundation v. Bonta
author
Government Mar. 29, 2024
Modification: People v. Franco
author
Criminal Law and Procedure Feb. 23, 2024
Modification: City of Norwalk v. City of Cerritos
author
Immunity Feb. 23, 2024
Modification: Shalghoun v. North Los Angeles County Regional Center, Inc.
author
Torts Feb. 23, 2024
In re Lilianna C.
author
Dependency Feb. 9, 2024
City of Norwalk v. City of Cerritos
author
Immunity Feb. 1, 2024
Shalghoun v. North Los Angeles County Regional Center, Inc.
author
Torts Jan. 25, 2024
Chavez v. Superior Court (People)
author
Criminal Law and Procedure Jan. 25, 2024
People v. Franco
author
Criminal Law and Procedure Jan. 25, 2024
Gonzales v. California Victim Compensation Bd.
author
Criminal Law and Procedure Jan. 2, 2024
Modification: Tak Chun Gaming Promotion Company Limited v. Long
author
Gaming Nov. 17, 2023
Tak Chun Gaming Promotion Company Limited v. Long
author
Gaming Oct. 27, 2023
Modification: Endeavor Operating Co., LLC v. HDI Global Insurance Co.
author
Insurance Oct. 20, 2023
Modification: Engel v. Pech
author
Attorneys Oct. 19, 2023
Engel v. Pech
author
Attorneys Sep. 29, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Sep. 22, 2023
Endeavor Operating Co., LLC v. HDI Global Insurance Co.
author
Insurance Sep. 22, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Sep. 14, 2023
Modification: Fischl v. Pacific Life Insurance Co.
author
Insurance Aug. 24, 2023
Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Aug. 24, 2023
Fischl v. Pacific Life Insurance Co.
author
Insurance Aug. 3, 2023
In re Jayden M.
author
Dependency Jul. 28, 2023
Modification: Ridec LLC v. Hinkle
author
Real Property Jul. 28, 2023
Doe v. Superior Court (Mountain View School District)
reversed and remanded
Evidence Jul. 27, 2023
Ridec LLC v. Hinkle
author
Real Property Jun. 30, 2023
Estate of Berger
author
probate_and_trusts May 30, 2023
Barajas v. Sativa L.A. County Water Dist.
author
Administrative Agencies May 26, 2023
Sitrick Group v. Vivera Pharmaceuticals
author
Arbitration Mar. 31, 2023
Modification: Gordon v. Ervin Cohen & Jessup LLP
author
Attorneys Mar. 21, 2023
Gordon v. Ervin Cohen & Jessup LLP
author
Attorneys Feb. 24, 2023
Darby v. Sisyphian, LLC
author
Arbitration Jan. 27, 2023
Modification: People v. Walker
author
Criminal Law and Procedure Jan. 6, 2023
People v. Walker
author
Criminal Law and Procedure Dec. 16, 2022
Pereda v. Atos Jiu Jitsu LLC
author
Torts Nov. 25, 2022
Trujillo v. City of Los Angeles
author
Civil Procedure Oct. 27, 2022
People v. Duran
author
Criminal Law and Procedure Oct. 27, 2022
Modification: Musgrove v. Silver
author
Employment Law Sep. 13, 2022
Musgrove v. Silver
author
Employment Law Aug. 26, 2022
Modification: People v. Peyton
author
Criminal Law and Procedure Aug. 17, 2022
People v. Peyton
author
Criminal Law and Procedure Jul. 29, 2022
Gallo v. Wood Ranch USA, Inc.
author
Arbitration Jul. 25, 2022
Modification: In re Dezi C.
author
Administrative Agencies Jun. 28, 2022
In re Dezi C.
author
Administrative Agencies Jun. 15, 2022
Bergstrom v. Zions Bancorporation
author
Banking May 6, 2022
Crenshaw Subway Coalition v. City of Los Angeles
author
Government Mar. 4, 2022
Meyer v. Sheh
author
Real Property Feb. 4, 2022
Modification: North American Title Co. v. Gugasyan
author
Torts Jan. 26, 2022
North American Title Co. v. Gugasyan
author
Torts Dec. 30, 2021
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
author
Business Law Dec. 6, 2021
Modification: Long Beach Memorial Medical v. Kaiser Foundation Health Plan
author
Health Care Nov. 29, 2021
Drink Tank Ventures v. Real Soda in Real Bottles
author
Business Law Nov. 12, 2021
Martinez v. City of Beverly Hills
author
Government Nov. 12, 2021
Long Beach Memorial Medical v. Kaiser Foundation Health Plan
author
Health Care Nov. 5, 2021
Doe v. Superior Court (Mountain View School District)
author
Evidence Nov. 3, 2021
Jacqueline B. v. Rawls Law Group
author
Civil Procedure Aug. 30, 2021
Modification: People v. Nolasco
author
Constitutional Law Aug. 25, 2021
People v. Palacios
author
Criminal Law and Procedure Aug. 2, 2021
People v. Nolasco
author
Constitutional Law Aug. 2, 2021
People v. Walker
author
Criminal Law and Procedure Aug. 2, 2021
People v. Ollo
reversed and remanded
Criminal Law and Procedure Jun. 22, 2021
People v. Collins
author
Criminal Law and Procedure Jun. 11, 2021
Modification: Issakhani v. Shadow Glen Homeowners Assn.
author
Torts Jun. 1, 2021
People v. Graham
author
statutory_interpretation Jun. 1, 2021
People v. Fortman
author
statutory_interpretation May 17, 2021
Issakhani v. Shadow Glen Homeowners Assn., Inc.
author
Torts May 4, 2021
People v. Gray
author
Evidence May 4, 2021
Tsasu LLC v. U.S. Bank Trust, N.A.
author
Real Property Apr. 5, 2021
Medipro Medical Staffing v. Certified Nursing Registry
author
Civil Procedure Feb. 8, 2021
In re Brianna S.
author
Dependency Feb. 1, 2021
Flores v. Liu
author
Torts Feb. 1, 2021
Sass v. Cohen
affirmed
Civil Procedure Dec. 28, 2020
Humphreville v. City of Los Angeles
author
Tax Dec. 7, 2020
Arrow Highway Steel, Inc. v. Dubin
author
Constitutional Law Nov. 2, 2020
In re J.W.
author
Juveniles Oct. 27, 2020
Modification: People v. Love
author
statutory_interpretation Oct. 19, 2020
People v. Love
author
statutory_interpretation Oct. 5, 2020
Lopez v. City of Los Angeles
author
Torts Oct. 5, 2020
People v. Kurianski
author
Criminal Law and Procedure Sep. 21, 2020
Prang v. Los Angeles County Assessment Appeals Bd.
author
statutory_interpretation Aug. 31, 2020
Rutgard v. City of Los Angeles
author
Eminent Domain Aug. 3, 2020
Lonky v. Patel
author
Arbitration Jul. 7, 2020
California Dept. of Tax and Fee Administration v. Superior Court (Kintner)
author
Tax May 11, 2020
Gruber v. Gruber
author
Anti-SLAPP May 6, 2020
Modification: People v. The North River Insurance Co.
author
Civil Procedure May 4, 2020
People v. The North River Insurance Co.
author
Civil Procedure Apr. 10, 2020
Reynaud v. Technicolor Creative Services USA
concurring
Torts Mar. 26, 2020
Modification: Siry Investment v. Farkhondehpour
author
Civil Procedure Mar. 25, 2020
People v. Garcia
author
Criminal Law and Procedure Mar. 20, 2020
McHenry v. Asylum Entertainment Delaware, LLC
author
Torts Mar. 16, 2020
Siry Investment v. Farkhondehpour
author
Civil Procedure Mar. 5, 2020
In re E.F.
author
Juveniles Feb. 18, 2020
Downey v. Public Storage, Inc.
author
Civil Procedure Feb. 10, 2020
Shaeffer v. Califia Farms, LLC
author
Consumer Law Feb. 10, 2020
People v. Ollo
author
Criminal Law and Procedure Dec. 9, 2019
Abir Cohen Treyzon Salo, LLP v. Lahiji
author
Anti-SLAPP Oct. 7, 2019
People v. Hicks
author
Criminal Law and Procedure Sep. 25, 2019
People v. Aledamat
reversed
Criminal Law and Procedure Aug. 27, 2019
People v. Sanchez
author
Criminal Law and Procedure Aug. 19, 2019
O'Brien v. AMBS Diagnostics, LLC
author
Civil Procedure Aug. 12, 2019
People v. Smith
author
Criminal Law and Procedure May 20, 2019
In re Robinson
author
Criminal Law and Procedure May 20, 2019
Modification: Sass v. Cohen
author
Civil Procedure Apr. 5, 2019
Shoen v. Zacarias
author
Real Property Apr. 5, 2019
Zakaryan v. The Men's Warehouse, Inc.
author
Employment Law Apr. 1, 2019
Modification: People v. Orozco
author
Criminal Law and Procedure Mar. 27, 2019
Sass v. Cohen
author
Civil Procedure Mar. 11, 2019
Modification: People v. Orozco
author
Criminal Law and Procedure Mar. 8, 2019
People v. Matthews
author
Criminal Law and Procedure Mar. 4, 2019
People v. Orozco
author
Criminal Law and Procedure Mar. 4, 2019
Perow v. Uzelac
author
Family Law Feb. 4, 2019
Modification: Licudine v. Cedars-Sinai Medical Center
author
Civil Procedure Jan. 25, 2019
Smyth v. Berman
author
Real Property Jan. 14, 2019
Licudine v. Cedars-Sinai Medical Center
author
Civil Procedure Jan. 7, 2019
Bacilio v. City of Los Angeles
author
Government Oct. 29, 2018
Modification: Citizens Coalition Los Angeles v. City of Los Angeles
author
Municipal Law Sep. 17, 2018
Citizens Coalition Los Angeles v. City of Los Angeles
author
Municipal Law Aug. 27, 2018
People v. Hurlic
author
Criminal Law and Procedure Jul. 10, 2018
In re S.O.
author
Juveniles Jul. 3, 2018
Diaz v. Grill Concepts Services, Inc.
author
Labor Law May 30, 2018
La Mirada Ave. v. City of Los Angeles
author
Civil Procedure May 7, 2018
Modification: Garcia v. Mercedes-Benz USA
author
Civil Procedure May 4, 2018
Garcia v. Mercedes-Benz USA
author
Civil Procedure Apr. 6, 2018
People v. Aledamat
author
Criminal Law and Procedure Mar. 5, 2018
Douglass v. Serenivision, Inc.
author
Arbitration Feb. 12, 2018
People v. The North River Insurance Co. and Bad Boys Bail Bonds
author
Criminal Law and Procedure Dec. 22, 2017
QDOS Inc. v. Signature Financial LLC
author
Torts Dec. 1, 2017
Burd v. Barkley Court Reporters Inc.
concurring
Government Dec. 1, 2017
JetSuite v. County of Los Angeles
author
Tax Oct. 11, 2017
Mission Beverage Co. v. Pabst Brewing Co. LLC
author
Anti-SLAPP Sep. 26, 2017
People v. Washington
author
Criminal Law and Procedure Sep. 6, 2017
In re R.T.
affirmed
Juveniles Jul. 21, 2017
Tustin Field Gas & Food v. Mid-Century Ins. Co.
author
Jul. 5, 2017

MCLE
Title Category Published
‘Go ahead then... prove it!’ Litigation Nov. 7, 2018
A riddle (almost) as old as California Appellate Practice Jul. 16, 2018
Title Court Published
Valuable Resource 2nd District Court of Appeal (Los Angeles) Aug. 22, 2018
Brian M. Hoffstadt Los Angeles County Superior Court (West Covina) Jul. 17, 2011
Title Category Published
Can generative AI meet the reasonable person standard in court? Technology, Law Practice Jun. 4, 2025
What is necessary and what is wise Judges and Judiciary, Civil Procedure Mar. 20, 2025
May the 'initial inquiry' be with you California Supreme Court Jan. 22, 2025
Cascading retroactivity Judges and Judiciary, Criminal, California Supreme Court Dec. 3, 2024
Doing the splits U.S. Supreme Court, California Supreme Court Sep. 17, 2024
The architecture of democracy U.S. Supreme Court Jul. 25, 2024
Glossip Swirl: Supreme Court will hear criminal discovery obligation case Criminal May 21, 2024
Connecting the dots on the admissibility of expert opinions on defendant’s intent U.S. Supreme Court, Evidence Mar. 14, 2024
Gray areas Evidence, California Supreme Court Jan. 31, 2024
What I Learned From SO’C U.S. Supreme Court, Judges and Judiciary Dec. 5, 2023
"When is an acquittal not an acquittal?" U.S. Supreme Court, Constitutional Law Sep. 20, 2023
How much is that doggie in the window? Evidence Jul. 20, 2023
Et tu, Bruton? U.S. Supreme Court, Constitutional Law May 17, 2023
Paint it black Family, Constitutional Law Apr. 12, 2023
It’s a bird, it’s a plane… It’s a super statute Government Feb. 14, 2023
Bah Humbug Guide to Legal Writing, Law Practice, Appellate Practice Dec. 16, 2022
Divide & Prejudice Judges and Judiciary, Family Sep. 23, 2022
Slicing the Atom Constitutional Law Aug. 3, 2022
Don’t (Geo-)fence me in Criminal, Constitutional Law Jun. 2, 2022
Let’s Face It Law Practice, Criminal, Appellate Practice May 11, 2022
You Complete Me U.S. Supreme Court, Criminal, Constitutional Law Mar. 22, 2022
Breadcrumbs or apple seeds? Civil Litigation, California Supreme Court Jan. 11, 2022
Crawford today: Tasting great or less filling? U.S. Supreme Court, Constitutional Law, Civil Litigation, California Supreme Court Nov. 17, 2021
Journey to the Center of the Fourth (Amendment) Constitutional Law Sep. 21, 2021
‘Jurassic’ Wisdom California Supreme Court Jul. 20, 2021
The chicken or the egg: temporal primacy and California law U.S. Supreme Court, Constitutional Law May 5, 2021
Icarus’ D-I-Y guide to gliders Apr. 20, 2021
At the Mountains of Madness U.S. Supreme Court, Criminal, Constitutional Law Apr. 9, 2021
The unknowable weight of separateness Criminal, California Supreme Court Mar. 16, 2021
Pants on fire Immigration, Appellate Practice Jan. 12, 2021
WWLHD? (What would the Legislature have done? Constitutional Law, Appellate Practice Nov. 16, 2020
Hit or miss: Is that the question? U.S. Supreme Court, Criminal Sep. 9, 2020
Who watches the watchers? U.S. Supreme Court, Criminal, Constitutional Law Jul. 9, 2020
Reality check Judges and Judiciary, Government, Constitutional Law May 20, 2020
Goldilocks and the 3 Batson fixes Law Practice, Constitutional Law, Civil Rights Mar. 24, 2020
Face-to-face confrontation: Who should connect the dots? Criminal, Constitutional Law Feb. 12, 2020
The crowdsourced jury Civil Litigation Dec. 18, 2019
Shocks: after or fore? Criminal, California Supreme Court, California Courts of Appeal Oct. 22, 2019
The Jagged Shore Criminal, Constitutional Law, California Courts of Appeal Aug. 20, 2019
Rub a dub dub U.S. Supreme Court, Constitutional Law Jul. 23, 2019
Of two minds Government, Constitutional Law May 20, 2019
The schizophrenic Sixth Criminal, Constitutional Law, California Courts of Appeal Mar. 20, 2019
Judicial opinions must ‘show their math’ U.S. Supreme Court, Judges and Judiciary, California Courts of Appeal, Appellate Practice Jan. 16, 2019
‘Go ahead then... prove it!’ Nov. 7, 2018
Will the ‘digital divide’ persist? U.S. Supreme Court, Constitutional Law Sep. 11, 2018
A riddle (almost) as old as California Civil Litigation, Law Practice, Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice Jul. 16, 2018
Divorcing the message from the messenger U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court May 22, 2018
Court: ‘Hold my beer’ Government, Criminal, California Courts of Appeal Mar. 21, 2018
A penny for your thoughts U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal Feb. 15, 2018
How do you spell ‘G-U-I-D-A-N-C-E’? U.S. Supreme Court, Judges and Judiciary, Appellate Practice Dec. 12, 2017
Beginning to see the light U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals Oct. 17, 2017
Tailoring the Emperor’s New Clothes U.S. Supreme Court, Civil Litigation, Judges and Judiciary, California Supreme Court, Appellate Practice Aug. 14, 2017
SEARCH WARS: Return of the Judiciary U.S. Supreme Court, Constitutional Law May 17, 2017
SEARCH WARS: The Fifth Amendment Strikes Back U.S. Supreme Court, Constitutional Law May 16, 2017
SEARCH WARS: A New Hope for Definitional Clarity U.S. Supreme Court, Constitutional Law May 15, 2017
The unbreakable structure of structural errors U.S. Supreme Court, Criminal, Constitutional Law Mar. 16, 2017
When analogies fail U.S. Supreme Court, Constitutional Law Jan. 12, 2017
Filling a void in the law U.S. Supreme Court, Judges and Judiciary, Criminal, California Supreme Court, California Courts of Appeal Nov. 9, 2016
The Fourth Amendment pendulum U.S. Supreme Court, Constitutional Law Sep. 15, 2016
Doctrinal synergy U.S. Supreme Court, Criminal, Constitutional Law Jul. 7, 2016
Which one of these things is not like the others? U.S. Supreme Court, Constitutional Law Jun. 17, 2016
Which one of these is not the same? U.S. Supreme Court, Constitutional Law Jun. 17, 2016
Where does the right to obtain evidence prior to trial fall? Constitutional Law, California Supreme Court Apr. 21, 2016
Electronic evidence laws raise questions U.S. Supreme Court, Constitutional Law Feb. 9, 2016
Then again, maybe not U.S. Supreme Court, Judges and Judiciary Dec. 15, 2015
Same basic facts, different conclusion Appellate Practice Oct. 20, 2015
Brady's self-help exception Criminal, California Supreme Court Aug. 25, 2015
When is enough enough? U.S. Supreme Court, Constitutional Law Jun. 18, 2015
'It's alive!'... But what is it? U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court Apr. 22, 2015
A first bite at the apple U.S. Supreme Court, Judges and Judiciary, Constitutional Law, California Supreme Court Feb. 21, 2015
Brady v. Pitchess: real conflict or fairy tale? U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court Dec. 23, 2014
Deputizing the whole wide countryside U.S. Supreme Court, Intellectual Property Oct. 29, 2014
Fourth Amendment geometry U.S. Supreme Court, Criminal, Constitutional Law Sep. 16, 2014
Shades of Gray: to err in jury selection Constitutional Law Jul. 9, 2014
'Reading tea leaves,' or: applying the Crawford decision U.S. Supreme Court, Constitutional Law May 8, 2014
Encryption issues under Fifth Amendment purview Constitutional Law Mar. 6, 2014
A new version of 'reasonable suspicion' U.S. Supreme Court Jan. 9, 2014
Oversimplified slippery slope arguments U.S. Supreme Court Oct. 15, 2013
'Snapshot' judging Judges and Judiciary Aug. 20, 2013
Crowd sourcing as a source? Law Practice Jul. 2, 2013
The invincibility of arbitration clauses U.S. Supreme Court, Civil Litigation, California Supreme Court May 17, 2013
Biometrics and Fourth Amendment 'overbreadth' U.S. Supreme Court, Criminal, Constitutional Law Mar. 29, 2013
What do judges do? U.S. Supreme Court Feb. 12, 2013
Dog sniffs and that new Fourth Amendment smell U.S. Supreme Court Dec. 19, 2012
When is A majority THE majority? U.S. Supreme Court Oct. 31, 2012
Stolen valor and prosecutorial discretion Constitutional Law Sep. 11, 2012
Judicial philosophies collide in Williams Constitutional Law Jul. 31, 2012
Criminal procedure and the reasonable person U.S. Supreme Court Jun. 26, 2012
What is the best medicine in Lafler? Criminal May 18, 2012
When is an advisory opinion 'too advisory'? Law Practice Apr. 6, 2012
To object or not to object: What is the consequence? U.S. Supreme Court Feb. 28, 2012
The other majority opinion in the US Supreme Court's GPS case U.S. Supreme Court, Constitutional Law Feb. 8, 2012
The good, the bad and the inconsistency: Peremptory challenges and their potential for abuse Constitutional Law Jan. 10, 2012
A criminal defendant’s pre-trial right to discovery: constitutional or not? Criminal Nov. 30, 2011
A pocket full of clouds: digital devices and the Fourth Amendment U.S. Supreme Court, Constitutional Law Sep. 21, 2011
The roles of judge and jury: Is the US Supreme Court of two minds? U.S. Supreme Court, Constitutional Law Aug. 26, 2011
Procedural protections of the Sixth Amendment: The means to an end, or an end in themselves? U.S. Supreme Court, Constitutional Law Jul. 21, 2011
Case Category Published
Cash v. County of Los Angeles
author
Attorneys Jun. 2, 2025
People v. Cabrera
concurring
Criminal Law and Procedure Jun. 2, 2025
Hofer v. Boladian
author
Arbitration May 12, 2025
Williams v. Alacrity Solutions Group
author
Employment Law Apr. 23, 2025
Estate of St. John v. Schaeffler
author
Real Property Mar. 24, 2025
Charlie L. v. Kangavari
author
Health Care Jan. 3, 2025
Ofek Rachel, Ltd. v. Zion
author
Civil Procedure Nov. 22, 2024
Smith v. Magic Mountain LLC
author
Torts Nov. 22, 2024
Modification: Gooden v. County of Los Angeles
author
Environmental Law Nov. 15, 2024
Gooden v. County of Los Angeles
author
Environmental Law Oct. 28, 2024
Reich v. Reich
author
Trust and Estates Oct. 25, 2024
Gorobets v. Jaguar Land Rover North America, LLC
author
Civil Procedure Oct. 11, 2024
Modification: Valdovinos v. Kia Motors America, Inc.
author
Consumer Law Sep. 24, 2024
Valdovinos v. Kia Motors America, Inc.
author
Consumer Law Aug. 30, 2024
People v. Esquivias
author
Criminal Law and Procedure Jul. 19, 2024
Modification: Carolina Beverage Corp. v. Fiji Water Co., LLC
author
Contracts Jun. 21, 2024
A.L. v. Harbor Developmental Disabilities Foundation
author
Torts May 31, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
author
Contracts May 31, 2024
AIDS Healthcare Foundation v. Bonta
author
Government Mar. 29, 2024
Modification: People v. Franco
author
Criminal Law and Procedure Feb. 23, 2024
Modification: City of Norwalk v. City of Cerritos
author
Immunity Feb. 23, 2024
Modification: Shalghoun v. North Los Angeles County Regional Center, Inc.
author
Torts Feb. 23, 2024
In re Lilianna C.
author
Dependency Feb. 9, 2024
City of Norwalk v. City of Cerritos
author
Immunity Feb. 1, 2024
Shalghoun v. North Los Angeles County Regional Center, Inc.
author
Torts Jan. 25, 2024
Chavez v. Superior Court (People)
author
Criminal Law and Procedure Jan. 25, 2024
People v. Franco
author
Criminal Law and Procedure Jan. 25, 2024
Gonzales v. California Victim Compensation Bd.
author
Criminal Law and Procedure Jan. 2, 2024
Modification: Tak Chun Gaming Promotion Company Limited v. Long
author
Gaming Nov. 17, 2023
Tak Chun Gaming Promotion Company Limited v. Long
author
Gaming Oct. 27, 2023
Modification: Endeavor Operating Co., LLC v. HDI Global Insurance Co.
author
Insurance Oct. 20, 2023
Modification: Engel v. Pech
author
Attorneys Oct. 19, 2023
Engel v. Pech
author
Attorneys Sep. 29, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Sep. 22, 2023
Endeavor Operating Co., LLC v. HDI Global Insurance Co.
author
Insurance Sep. 22, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Sep. 14, 2023
Modification: Fischl v. Pacific Life Insurance Co.
author
Insurance Aug. 24, 2023
Piedmont Capital Management, L.L.C. v. McElfish
author
Contracts Aug. 24, 2023
Fischl v. Pacific Life Insurance Co.
author
Insurance Aug. 3, 2023
In re Jayden M.
author
Dependency Jul. 28, 2023
Modification: Ridec LLC v. Hinkle
author
Real Property Jul. 28, 2023
Doe v. Superior Court (Mountain View School District)
reversed and remanded
Evidence Jul. 27, 2023
Ridec LLC v. Hinkle
author
Real Property Jun. 30, 2023
Estate of Berger
author
probate_and_trusts May 30, 2023
Barajas v. Sativa L.A. County Water Dist.
author
Administrative Agencies May 26, 2023
Sitrick Group v. Vivera Pharmaceuticals
author
Arbitration Mar. 31, 2023
Modification: Gordon v. Ervin Cohen & Jessup LLP
author
Attorneys Mar. 21, 2023
Gordon v. Ervin Cohen & Jessup LLP
author
Attorneys Feb. 24, 2023
Darby v. Sisyphian, LLC
author
Arbitration Jan. 27, 2023
Modification: People v. Walker
author
Criminal Law and Procedure Jan. 6, 2023
People v. Walker
author
Criminal Law and Procedure Dec. 16, 2022
Pereda v. Atos Jiu Jitsu LLC
author
Torts Nov. 25, 2022
Trujillo v. City of Los Angeles
author
Civil Procedure Oct. 27, 2022
People v. Duran
author
Criminal Law and Procedure Oct. 27, 2022
Modification: Musgrove v. Silver
author
Employment Law Sep. 13, 2022
Musgrove v. Silver
author
Employment Law Aug. 26, 2022
Modification: People v. Peyton
author
Criminal Law and Procedure Aug. 17, 2022
People v. Peyton
author
Criminal Law and Procedure Jul. 29, 2022
Gallo v. Wood Ranch USA, Inc.
author
Arbitration Jul. 25, 2022
Modification: In re Dezi C.
author
Administrative Agencies Jun. 28, 2022
In re Dezi C.
author
Administrative Agencies Jun. 15, 2022
Bergstrom v. Zions Bancorporation
author
Banking May 6, 2022
Crenshaw Subway Coalition v. City of Los Angeles
author
Government Mar. 4, 2022
Meyer v. Sheh
author
Real Property Feb. 4, 2022
Modification: North American Title Co. v. Gugasyan
author
Torts Jan. 26, 2022
North American Title Co. v. Gugasyan
author
Torts Dec. 30, 2021
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
author
Business Law Dec. 6, 2021
Modification: Long Beach Memorial Medical v. Kaiser Foundation Health Plan
author
Health Care Nov. 29, 2021
Drink Tank Ventures v. Real Soda in Real Bottles
author
Business Law Nov. 12, 2021
Martinez v. City of Beverly Hills
author
Government Nov. 12, 2021
Long Beach Memorial Medical v. Kaiser Foundation Health Plan
author
Health Care Nov. 5, 2021
Doe v. Superior Court (Mountain View School District)
author
Evidence Nov. 3, 2021
Jacqueline B. v. Rawls Law Group
author
Civil Procedure Aug. 30, 2021
Modification: People v. Nolasco
author
Constitutional Law Aug. 25, 2021
People v. Palacios
author
Criminal Law and Procedure Aug. 2, 2021
People v. Nolasco
author
Constitutional Law Aug. 2, 2021
People v. Walker
author
Criminal Law and Procedure Aug. 2, 2021
People v. Ollo
reversed and remanded
Criminal Law and Procedure Jun. 22, 2021
People v. Collins
author
Criminal Law and Procedure Jun. 11, 2021
Modification: Issakhani v. Shadow Glen Homeowners Assn.
author
Torts Jun. 1, 2021
People v. Graham
author
statutory_interpretation Jun. 1, 2021
People v. Fortman
author
statutory_interpretation May 17, 2021
Issakhani v. Shadow Glen Homeowners Assn., Inc.
author
Torts May 4, 2021
People v. Gray
author
Evidence May 4, 2021
Tsasu LLC v. U.S. Bank Trust, N.A.
author
Real Property Apr. 5, 2021
Medipro Medical Staffing v. Certified Nursing Registry
author
Civil Procedure Feb. 8, 2021
In re Brianna S.
author
Dependency Feb. 1, 2021
Flores v. Liu
author
Torts Feb. 1, 2021
Sass v. Cohen
affirmed
Civil Procedure Dec. 28, 2020
Humphreville v. City of Los Angeles
author
Tax Dec. 7, 2020
Arrow Highway Steel, Inc. v. Dubin
author
Constitutional Law Nov. 2, 2020
In re J.W.
author
Juveniles Oct. 27, 2020
Modification: People v. Love
author
statutory_interpretation Oct. 19, 2020
People v. Love
author
statutory_interpretation Oct. 5, 2020
Lopez v. City of Los Angeles
author
Torts Oct. 5, 2020
People v. Kurianski
author
Criminal Law and Procedure Sep. 21, 2020
Prang v. Los Angeles County Assessment Appeals Bd.
author
statutory_interpretation Aug. 31, 2020
Rutgard v. City of Los Angeles
author
Eminent Domain Aug. 3, 2020
Lonky v. Patel
author
Arbitration Jul. 7, 2020
California Dept. of Tax and Fee Administration v. Superior Court (Kintner)
author
Tax May 11, 2020
Gruber v. Gruber
author
Anti-SLAPP May 6, 2020
Modification: People v. The North River Insurance Co.
author
Civil Procedure May 4, 2020
People v. The North River Insurance Co.
author
Civil Procedure Apr. 10, 2020
Reynaud v. Technicolor Creative Services USA
concurring
Torts Mar. 26, 2020
Modification: Siry Investment v. Farkhondehpour
author
Civil Procedure Mar. 25, 2020
People v. Garcia
author
Criminal Law and Procedure Mar. 20, 2020
McHenry v. Asylum Entertainment Delaware, LLC
author
Torts Mar. 16, 2020
Siry Investment v. Farkhondehpour
author
Civil Procedure Mar. 5, 2020
In re E.F.
author
Juveniles Feb. 18, 2020
Downey v. Public Storage, Inc.
author
Civil Procedure Feb. 10, 2020
Shaeffer v. Califia Farms, LLC
author
Consumer Law Feb. 10, 2020
People v. Ollo
author
Criminal Law and Procedure Dec. 9, 2019
Abir Cohen Treyzon Salo, LLP v. Lahiji
author
Anti-SLAPP Oct. 7, 2019
People v. Hicks
author
Criminal Law and Procedure Sep. 25, 2019
People v. Aledamat
reversed
Criminal Law and Procedure Aug. 27, 2019
People v. Sanchez
author
Criminal Law and Procedure Aug. 19, 2019
O'Brien v. AMBS Diagnostics, LLC
author
Civil Procedure Aug. 12, 2019
People v. Smith
author
Criminal Law and Procedure May 20, 2019
In re Robinson
author
Criminal Law and Procedure May 20, 2019
Modification: Sass v. Cohen
author
Civil Procedure Apr. 5, 2019
Shoen v. Zacarias
author
Real Property Apr. 5, 2019
Zakaryan v. The Men's Warehouse, Inc.
author
Employment Law Apr. 1, 2019
Modification: People v. Orozco
author
Criminal Law and Procedure Mar. 27, 2019
Sass v. Cohen
author
Civil Procedure Mar. 11, 2019
Modification: People v. Orozco
author
Criminal Law and Procedure Mar. 8, 2019
People v. Matthews
author
Criminal Law and Procedure Mar. 4, 2019
People v. Orozco
author
Criminal Law and Procedure Mar. 4, 2019
Perow v. Uzelac
author
Family Law Feb. 4, 2019
Modification: Licudine v. Cedars-Sinai Medical Center
author
Civil Procedure Jan. 25, 2019
Smyth v. Berman
author
Real Property Jan. 14, 2019
Licudine v. Cedars-Sinai Medical Center
author
Civil Procedure Jan. 7, 2019
Bacilio v. City of Los Angeles
author
Government Oct. 29, 2018
Modification: Citizens Coalition Los Angeles v. City of Los Angeles
author
Municipal Law Sep. 17, 2018
Citizens Coalition Los Angeles v. City of Los Angeles
author
Municipal Law Aug. 27, 2018
People v. Hurlic
author
Criminal Law and Procedure Jul. 10, 2018
In re S.O.
author
Juveniles Jul. 3, 2018
Diaz v. Grill Concepts Services, Inc.
author
Labor Law May 30, 2018
La Mirada Ave. v. City of Los Angeles
author
Civil Procedure May 7, 2018
Modification: Garcia v. Mercedes-Benz USA
author
Civil Procedure May 4, 2018
Garcia v. Mercedes-Benz USA
author
Civil Procedure Apr. 6, 2018
People v. Aledamat
author
Criminal Law and Procedure Mar. 5, 2018
Douglass v. Serenivision, Inc.
author
Arbitration Feb. 12, 2018
People v. The North River Insurance Co. and Bad Boys Bail Bonds
author
Criminal Law and Procedure Dec. 22, 2017
QDOS Inc. v. Signature Financial LLC
author
Torts Dec. 1, 2017
Burd v. Barkley Court Reporters Inc.
concurring
Government Dec. 1, 2017
JetSuite v. County of Los Angeles
author
Tax Oct. 11, 2017
Mission Beverage Co. v. Pabst Brewing Co. LLC
author
Anti-SLAPP Sep. 26, 2017
People v. Washington
author
Criminal Law and Procedure Sep. 6, 2017
In re R.T.
affirmed
Juveniles Jul. 21, 2017
Tustin Field Gas & Food v. Mid-Century Ins. Co.
author
Jul. 5, 2017
Title Category Published
‘Go ahead then... prove it!’ Litigation Nov. 7, 2018
A riddle (almost) as old as California Appellate Practice Jul. 16, 2018