Orange County Women
 Lawyers Association
For Women Lawyers and Those Who Support Their Advancement

News

  • Tuesday, May 28, 2019 6:49 PM | Executive Director (Administrator)

    Job Title Attorney-Adviser
    Location Washington, DC 

    Compensation $112,524 to $212,478 / Per Year 

    Series & Grade SK-13/14 

    Position Number 19-EX-10505693-CMH Application Deadline June 10, 2019 

    Summary 

    The Division of Investment Management is seeking to fill an Attorney-Adviser position in the Disclosure Review and Accounting Office, Disclosure Review Office No. 3. 

    Responsibilities 

    • Analyzing policy and regulatory issues under the federal securities laws as they relate to the regulation of investment advisers;
    • The review of various disclosure documents for open-end funds, closed-end funds and exchange-traded funds, including registration statements, proxies, and other filings required by the federal securities laws;
    • Utilizing financial technology to analyze investment companies and review disclosure documents;
    • Preparing recommendations and guidance as they relate the federal securities laws, statues, and Investment Advisers Act and the Investment Company Act;
    • Drafting substantive legal documents including draft releases and memos explaining proposed and final rulemaking initiatives;
    • Researching, analyzing and developing rule text to implement regulatory initiatives;
    • Consulting and coordinating with staff across the Division and Commission and public and industry representatives regarding regulatory policy and registration documents.

    Qualifications 

    SK-13: Applicant must have two years of post J.D. work experience as a practicing attorney, one year of which includes: providing legal interpretation of federal securities laws, statutes, rules, particularly those related to the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933 and/or the Securities Exchange Act of 1934. 

    SK-14: Applicant must have three years of post J.D. work experience as a practicing attorney, two years of which includes: providing legal interpretation of federal securities laws, statutes, rules, particularly those related to the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933 and/or the Securities Exchange Act of 1934 and conducting reviews and analysis on issues to assure legal adequacy, sufficiency and soundness of action recommended or taken. 

    To Apply 

    To learn more about this employment opportunity and to apply online, please visit https://go.usa.gov/xmAgn 

    For assistance, please contact the Office of Minority and Women Inclusion at (202) 551-6046 or omwi@sec.gov. The SEC is an equal opportunity employer 


  • Tuesday, May 28, 2019 6:47 PM | Executive Director (Administrator)

    Fisher Phillips LLP has openings for two (2) mid-level employment litigation associates – one for our Los Angeles office and the other for our Irvine office. The job descriptions can be found below.

    Description - LA:

    The Los Angeles office of Fisher Phillips seeks a mid-level employment litigation associate with 3-5 years of experience. The ideal candidate will have wage and hour litigation experience, including class/collective action experience. Qualified candidates will be comfortable drafting and responding to discovery and initial pleadings, drafting motions, and drafting agency position statements. Candidate must have excellent academic credentials, strong writing and analytical skills, and ability to manage multiple projects in a fast-paced environment. Successful candidate will be a self-starter with the ability to work independently and as part of a team. Must be admitted in California. 

    We are not accepting resumes from search firms for this position. 

    Applicants should submit their resume, transcript, and cover letter, and complete the application at the following link: Fisher Phillips LA Career Opportunity.

    Description - Irvine:

    The Irvine office of Fisher Phillips seeks a mid-level associate with 2-5 years of employment litigation and/or class action experience. The ideal candidate will have extensive experience handling California wage-hour class action claims and PAGA cases. Qualified candidates will be comfortable drafting and responding to discovery and initial pleadings, drafting and arguing motions, as well as taking and defending depositions. Candidate must have excellent academic credentials, strong writing and analytical skills, and ability to manage multiple projects in a fast-paced environment. Successful candidate will be a self-starter with the ability to work independently and as part of a team. Must be admitted in California.

    Applicants should submit their resume, transcript, and cover letter, and complete the application at the following link: Fisher Phillips Irvine Career Opportunity.


  • Tuesday, May 14, 2019 11:49 AM | Executive Director (Administrator)

    The General Counsel’s Office of the Securities and Exchange Commission is seeking applications from appellate attorneys for two(2) openings in its Adjudication Group. The work of the Adjudication Group generally involves assisting the Commission in resolving administrative appeals from decisions of administrative law judges and appeals from the actions of self-regulatory organizations such as FINRA.  In these matters, the Commission issues decisions in the form of legal opinions with the assistance of the attorneys in the Adjudication Group.  The Commission’s adjudicatory opinions serve as legal guidance and precedent for the securities industry and the securities bar.

    Applicants have specialized experience in appellate work or done a substantial amount of appellate work, critical motions writing, or opinion writing. 

    Qualifications: For SK-13 level, applicants must possess a J.D degree and be an active member of the bar in good standing (any jurisdiction). In addition, applicant must have two years post J.D. experience as a practicing attorney, one year of which was in the specialty area of the position to be field.

    Please submit a cover letter and resume to GCResumes@sec.gov

     If you have any questions, feel free to call Allan Capute at (202) 551-5122. 

    -----

    The Philadelphia Regional Office of the U.S. Securities and Exchange Commission has openings for attorneys within the Enforcement Division.  Applicants must possess a J.D., and be an Active member of the bar in good standing in any state, territory of the United States, the District of Columbia, or Commonwealth of Puerto Rico. 

    Applicants must have 2 years of post J.D. work experience as a practicing attorney, 1 year of experience which includes: securities litigation, complex business litigation or federal financial regulatory matters. 

    Duties:

    Duties of an Enforcement Staff Attorney include investigating possible civil securities law violations, developing evidence, recommending actions to the Commission, drafting pleadings and leading, co-chairing, or assisting at trials and administrative proceedings.  Preferred candidates should have at least 5 years of law firm, government, or other related experience as practicing attorney. 

    Application deadline: May 24, 2019

    Salary range: $109,026 – $179,296

    Please submit cover letter and resume to: David W. Butler, Jr. at  butlerda@sec.gov 

    The SEC is an Equal Opportunity Employer and actively seeks a diverse workforce.

    The SEC is an Equal Opportunity Employer and actively seeks a diverse workforce.


  • Friday, May 03, 2019 10:49 AM | Executive Director (Administrator)

    The U.S. Securities & Exchange Commission’s Office of International Affairs (OIA) in Washington DC is seeking candidates for an attorney advisor in its Regulatory Policy Group.   Applicants should have demonstrated interest in international affairs and direct experience in international securities –related work.

    Preferred candidates should have 5+ years of legal experience, the ability to use their advocacy and strategic thinking skills in regular engagements with foreign counterparts, other U.S. financial regulatory agencies, and SEC senior staff on various international work streams.

    Duties:

    Duties of an International Affairs attorney advisory include taking a leading role on significant issues impacting the global financial markets, with a particular focus on issues in the asset management sector; monitor and contribute to international organizations’ work streams – including Financial Stability Board’s (FSB) efforts to evaluate the effects of G20 regulatory reforms; and draft reports and analysis for FSBs, the Chairman, Commissioners and SEC senior staff regarding developments in the cross-border financial markets.

    Application deadline is May 15, 2019. 

    Please submit cover letter and resume to: Beau McMillian   mcmillanb@sec.gov

    The SEC is an Equal Opportunity Employer and actively seeks a diverse workforce.


  • Wednesday, May 01, 2019 3:00 PM | Executive Director (Administrator)



    OCWLA Community,

    The passion of OCWLA continues show through the organization's events. Members continue to take advantage of the fantastic educational panels and networking opportunities. As OCWLA launches into Summer, the promise of more sold out events are on the horizon. OCWLA encourages you to participate in one of our events as we continue to EmpowHer™ women attorneys in Orange County.



    April Recap:


    OCWLA's Equal Pay Day program had a record turn out. Equal Pay Day is the day women would need to work until in order to receive the same pay as their male counterparts for the year before. Several attendees wore red, representing the disparity in pay between men and women. The panel started off with an overview of the current pay statistics, demonstrating a penny increase to 80 cents on the dollar. Under moderator Maria Stearns, the panelists (Joni Lee Gaudes, Victoria Harvey, Karen Polyakov, and Sheniece Smith) provided invaluable tips on pay negotiation as well as maneuvering other aspects of the profession to level the playing field. The program received excellent reviews. 


    Upcoming Events:

    Friday, May 10 - A Start Up Success Story: Trade Secrets and a $112 Million Verdict. This program provides an intellectual property for everyone. The lessons learned in trial affect strategies for in house counsel as well as outside counsel advising or litigating on behalf of the trade secret holder. The MCLE program is presented by Christy Lea. 

    Friday, May 17 - CWL Southern California Judicial Reception Honoring Hon. Maria Hernandez. OCWLA is proud to co-host this reception and congratulates Hon. Maria Hernandez on being named as California Women Lawyer's Joan Dempsey Klein Award recipient. The judicial reception will be held at the Noguchi Sculpture Garden. Registration for sitting judges is complimentary.

    Monday, May 20 - The May  book club book is Next Year in Havana by Chanel Cleeton. This no host group continues to meet at Mimi's Café in Tustin for casual conversation about the monthly books.

    Tuesday, June 25 -  3rd Annual Membership Mixer at Pelican Hill. OCWLA returns to Pelican Hill's Great Room Social Lounge to enjoy the company of fellow members and the sunset views of Newport Coast. This event has sold out in the past - be sure to register early!

    Thursday, October 3 - Save the Date! The Annual Gala will return to Pelican Hill. OCWLA is honoring Hon. Elizabeth Macias as the Judge of the Year and Lei Lei Weng Ekvall as the Attorney of the Year. OCWLA is also recognizing Walsworth Franklin Bevins McCall with the Advancement of Women Award.


    Other Opportunities:

    Sponsor the Gala: OCWLA's 2019 Gala Sponsorship Package is available. The Gala Committee will be reaching out for sponsorships and donations to the silent auction.

    Do not hesitate to reach me with your ideas, thoughts, and goals. In the meantime, we will continue our work to EmpowHer™ women in our legal community.


    Cheers,


    Michelle A. Philo
    OCWLA President
    Philo Law Firm, P.C.


  • Monday, April 29, 2019 2:24 PM | Executive Director (Administrator)

    Top Orange County plaintiff personal injury practice located in Costa Mesa is seeking a seasoned, motivated, and dedicated Senior Associate Attorney.  Qualified candidates will have a minimum of 7 years recent plaintiff personal injury experience with an emphasis on litigation and staff management *OR* 7+ years heavy defense litigation with day-to-day staff management experience.  The Senior Associate works under a name Partner managing the litigation caseload and supervising a team of Case Managers and Associates.  Exemplary litigation, strong case prioritization, and staff organization skills are essential.  The firm is looking for a proven team builder who inspires by example and is highly motivated to advocate passionately for its clients.  The firm offers competitive salary and excellent benefits.  $120-180K DOE.  Please apply with a resume, writing sample, and professional references to our Office Administrator Tony Mannara at tmannara@mulaw.com  


  • Monday, April 15, 2019 10:25 PM | Executive Director (Administrator)

    As part of its mission statement, OCWLA is committed to charitable giving. OCWLA's goal is to make charitable gifts to non-profits in the spirt of assisting the advancement of the status of women and children in law and society in matters including, but not limited to:

    1. Domestic and sexual violence against female and child victims with emphasis on legal services, education, awareness, and prevention.
    2. Gender discrimination, harassment, or bias against females.
    3. Bridging the gap of legal needs of women and children, particularly programs that serve to support and improve the rights of these individuals.

    OCWLA's Philanthropy Giving policy provides an annual opportunity for non-profit organizations to apply for funding. The applications are intensely reviewed by the philanthropy committee and a recommendation is made to the OCWLA board for approval.

    This year, OCWLA is pleased to contribute approximately $25,000 to charitable giving. The 2019 philanthropy recipients are as follows:

    • CASA of Orange County - Serving Orange County's most severely abused, abandoned, and neglected children through the recruitment, training, and supervision of community volunteers who advocate for their best interest
    • Code Open Sesame - College and high school volunteers teach computer coding to children at homeless and domestic violence shelters
    • Family Legal Services at CHOC Children's - Supports families who need help with medical consent issues with legal representation
    • Girls Inc. - An organization providing education and job training to underserved and at-risk girls, including its College Bound/Externship Program
    • Human Options - An organization providing a variety of services, including legal services, to victims of domestic violence
    • Laura's House - An organization serving victims of domestic violence in Orange County with a variety of services, including its Legal Advocacy Program
    • Orange County Justice Fund - Provides legal representation to detained immigrants in Orange County, including women who are survivors of domestic violence, sexual assault, and other forms of gender-based violence
    • Project Youth OCBF - An organization working to keep at-risk youth in school and drug free through education, counseling, mentoring, and family strengthening
    • Tathiana's Home - A newly-established home in Orange County dedicated to providing a safe home and 24-hour support to victims of human trafficking

    OCWLA is also an annual supporter of the Public Law Center's Volunteers for Justice Dinner. If you would like to purchase a ticket to sit at OCWLA's table, please contact info@ocwla.org.


    Michelle A. Philo
    OCWLA 2019 President


  • Monday, April 15, 2019 9:34 PM | Executive Director (Administrator)

    Senior Counsel, Labor and Employment  

    The Office of the General Counsel at the University of California is recruiting for a Senior Counsel, Labor and Employment position.

    This position provides substantial expertise in the labor and employment practice area, providing advice to a diverse client base for the University's 190,000 person workforce, including system-wide and campus human resources, academic personnel, compliance, and risk management staff. Services include handling and negotiating/mediating pre-litigated claims in the University's employment practices liability program; drafting, reviewing and revising a variety of documents involving the University's interest, such as policies, contracts, position statements, and advice memoranda; advising clients on a broad range of issues; conducting training; and overseeing administrative litigation, such as before the Public Employment Relations Board.

    The position requires substantial knowledge of federal and state labor and employment laws including the Fair Employment and Housing Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, California Family Rights Act, Fair Labor Standards Act, Higher Education Employer-Employee Relations Act or the National Labor Relations Act, as well as privacy, First Amendment, and whistleblower issues. The position involves independently handling a full range of legal matters and projects in the labor and employment area, to include the most complex and that of substantial importance and impact; interpreting complex facts and the law in areas of high ambiguity; and, providing functional advice to clients regarding risk assessment and liability.

    The position requires a J.D. from an accredited law school and a member, in good standing, of the California Bar Association, and eight or more years employment and/or labor law experience in a law firm, or in-house counsel for an academic institution, corporation or other entity, although exceptional experience with fewer years of practice will be considered.

    By practicing OGC's established Values for Principles of Community, this position contributes to a workplace that is collaborative, supportive, respectful of differences, and committed to fairness and diversity in all interactions, both within and outside the team. It also supports OGC's commitment to increasing and maintaining diversity in the legal profession.

    The Office of General Counsel (OGC) delivers ethical, timely, efficient and high quality legal services to the University of California ten campuses, five medical centers, and the Lawrence Berkeley National Laboratory, as well as to the Board of Regents, the President, the Chancellors and other officers of the University. Its services include prosecuting and defending litigation, drafting and negotiating agreements, providing advice, counsel and interpretation of laws, regulations and policies, and assisting with development of effective compliance and risk mitigation strategies to facilitate the University's complex operations.  

    Quick link for more information and to apply:  https://jobs.ucop.edu/applicants/Central?quickFind=61685


  • Monday, April 15, 2019 9:33 PM | Executive Director (Administrator)

    This position will lead the Justice Bus Project in Southern California. To apply, please visit: https://onejustice.bamboohr.com/jobs/view.php?id=23


  • Monday, April 15, 2019 9:21 PM | Executive Director (Administrator)

    47 new proposals listed below have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.

    PROPOSALS

    LEGISLATIVE PROPOSALS (LEG19: 01-05)

    Link: http://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6091B

    Item Number: LEG19-01

    Judicial Council–Sponsored Legislation: Consistent Fee Provisions with Electronic Filing and Service; Signatures on Electronically Filed Documents Not Signed Under Penalty of Perjury

    Summary: The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to amend Code of Civil Procedure section 1010.6, which governs electronic filing and service in civil matters. The purpose of the proposal would be twofold: (1) to create consistency in the fee provisions by allowing courts to recover no more than their actual costs regardless of whether electronic filing and service is permitted by local rule, required by court order, or required by local rule; and (2) to account for signatures made not under penalty of perjury by persons other than the filer. The proposal originated with Judicial Council staff.

    Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

     

    Item Number: LEG19-02

    Electronic Delivery of Documents Currently Required to Be Mailed Following Conviction

    Summary: The Information Technology Advisory Committee (ITAC) recommends the Judicial Council sponsor legislation to amend Penal Code section 1203.01 to allow for electronic delivery of documents currently required to be mailed following conviction. The proposal originated with a recommendation of the Judicial Council Data Exchange Working Group, which is made up of court participants and justice partners and is working to develop standardized data exchanges.

    Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

     

    Item Number: LEG19-03

    Judicial Council–Sponsored Legislation: Temporary Emergency Gun Violence Restraining Order

    Summary: The Civil and Small Claims Advisory Committee, at the suggestion of several courts, proposes that the Judicial Council sponsor legislation amending Penal Code section 18140, which currently requires that a law enforcement officer who requests a temporary emergency gun violence restraining order (emergency GVRO) “[f]ile a copy of the order with the court as soon as practicable after issuance.” (Pen. Code, § 18140(c).) The proposal would add a time frame of no later than three court days to ensure that the court receives the emergency GVRO with sufficient time to set and notice a hearing within 21 days, as required by newly enacted Penal Code section 18148.

    Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

     

    Item Number: LEG19-04

    Judicial Council–Sponsored Legislation: Civil Adjudication of Vehicle Code Infractions

    Summary: At the direction of the Chief Justice, the Futures Traffic Working Group was charged with developing a proposal to implement and evaluate a civil model for adjudication of minor vehicle infractions. This proposal includes recommendations for statutory changes as well as appropriate standardized processes to free up court and law enforcement resources and simplify procedures for defendants. The proposal was informed by input from law enforcement, the Department of Motor Vehicles, organizations representing the interests of low-income Californians, and other stakeholders. The working group explored, evaluated, and now recommends options for online processing of all phases for all Vehicle Code infraction violations. This proposal provides an alternative to the current system of criminal adjudication of several million traffic infractions each year.

    Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

     

    Item Number: LEG19-05

    Judicial Council–Sponsored Legislation (Telephonic Appearances): Court Fees Collected from Telephone Appearance Revenue

    Summary: The Judicial Branch Budget Committee proposes statutory changes for telephone appearance service fees to update and improve the formula to reflect current revenue allocation standards in the courts. The committee also proposes amending the statutes that prescribe the method for transmitting fees to reflect current fiscal practices in the courts. This proposal has no impact on the fee charged to individuals for telephone appearance services. The proposal is based on a suggestion from a vendor of telephone appearance services.

    Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

    __________________________________________________________________

     

    APPELLATE PROPOSALS (SPR19 01-08)

    Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6059B

     

    Item Number: SPR19-01

    Appellate Procedure: Notice of appeal and the record in civil commitment cases

    Summary: The Appellate Advisory Committee proposes a new rule of court describing the required contents of the normal record on appeal for civil commitment cases and a new notice of appeal form for civil commitment cases. This proposal is in response to a suggestion from a member of this committee and is intended to provide needed guidance to litigants and the courts and ensure that appellate records in civil commitment cases are complete.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-02

    Appellate Procedure: Form of Filed Documents in the Appellate Division

    Summary: The Appellate Advisory Committee proposes the adoption of a new rule of court governing the form of filed documents in the appellate division. The rule is intended to provide clarity to litigants, court staff, and judges as to the proper formatting of applications, motions, and other documents to be filed in the appellate division. This proposal is in response to a suggestion from a member of this committee.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-03

    Appellate Procedure: Advisement of Appellate Rights in Juvenile Cases

    Summary: To promote greater awareness of parents’ and legal guardians’ appellate rights in juvenile court proceedings, the Appellate Advisory Committee proposes amending the rule regarding advisement of appellate rights to remove the limitation that the court need only provide this information to parents and guardians who are present at the hearing that resulted in the judgment or order. The committee also proposes the adoption of a new optional form notice for clerks to send with court orders following a hearing to provide the advisement. This proposal originated with a suggestion from an attorney in San Diego.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-04

    Appellate Procedure: Oral Argument in Appellate Division Appeals

    Summary: To increase efficiency and provide guidance for litigants, the Appellate Advisory Committee proposes amending the rule regarding oral argument in limited civil and misdemeanor appeals to provide that oral argument will not be set in cases presenting no arguable issues and to set forth a procedure for waiving oral argument. The committee also proposes the adoption of two optional forms, one for limited civil cases and one for misdemeanor cases, to assist litigants in waiving

    oral argument if they choose to do so. This proposal originated with suggestions from a presiding judge of an appellate division and a member of the committee.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-05

    Appellate Procedure: Word Limits for Petitions for Rehearing in Unlimited Civil Cases

    Summary: To establish limits on briefing that reflect the limited scope of petitions for rehearing, the Appellate Advisory Committee proposes reducing the maximum length of petitions and answers by amending the rule that governs the content and form of briefs in the Court of Appeal. Currently, the rule provides maximum limits of 14,000 words for briefs produced on a computer and 50 pages for briefs produced on a typewriter. These limits apply to all types of briefs, including petitions for rehearing and answers to those petitions. This proposal would provide lower limits of 7,000 words and 25 pages for petitions for rehearing and answers. This proposal arises out of suggestions from appellate practitioners, including a current committee member, that the committee consider reducing word limits for civil briefs in the Court of Appeal.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-06

    Appellate Procedure, Juvenile Law: Access to Juvenile Case Files in Appellate Court Proceedings

    Summary: The Appellate Advisory Committee and the Family and Juvenile Law Advisory Committee propose amended rules and new and revised forms to implement recent Judicial Council–sponsored legislation amending the statute that specifies who may access and copy records in a juvenile case file in an appeal or writ proceeding challenging a juvenile court order. The statutory amendment clarified that people who are entitled to seek review of certain orders in juvenile proceedings or who are respondents or real parties in interest in such appellate proceedings may, for purposes of those appellate proceedings, access and copy those records to which they were previously given access by the juvenile court. This proposal would implement the legislation by updating the rules relating to juvenile appeals to include provisions relating to persons with limited access to the juvenile case file and the limited record that must be prepared and provided to these persons. The committees also propose a new information sheet and a notice on certain forms regarding the requirement to seek authorization from the juvenile court to access records in the case file before commencing an appeal.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-07

    Appellate Procedure: Uniform Formatting Rules for Electronic Documents

    Summary: To provide consistency and clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose revising California Rules of Court, rules 8.40, 8.44, 8.71, 8.72, 8.74, 8.204, and 8.252 to create uniform formatting rules for electronic documents filed in the appellate courts. The rules currently provide some formatting requirements for electronic documents, but they do not include various local rule requirements such as bookmarking. Moreover, local rules around the state differ in their requirements and scope. By establishing uniform, comprehensive rules for all appellate courts, this proposal will ease the burden on filers caused by differing format rules. This project initially focused on rules for exhibits and bookmarking, but was expanded in scope to include other formatting requirements. It originated from a suggestion by a member of the Joint Appellate Technology Subcommittee of the Appellate Advisory Committee and the Information Technology Advisory Committee.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-08

    Appellate Procedure: Service Copy of a Petition for Review

    Summary: To update court procedures and provide clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose amending the rule regarding petitions for review in the California Supreme Court to remove the requirement to send to the Court of Appeal a separate service copy of an electronically filed petition for review. Under current practice, when a petition for review is accepted for electronic filing by the Supreme Court, the Court of Appeal automatically receives a filed/endorsed copy of the petition through the electronic filing service provider (EFSP). Thus, in actual practice, the electronic filing of a petition satisfies the requirement to serve the Court of Appeal, and there is no need for a petitioner to serve the Court of Appeal with another copy as required by the rules. This proposal does not change the requirement to serve the Court of Appeal with a separate copy if a petition for review is filed in paper form. This proposal originated from a suggestion submitted by an appellate court administrator.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

    ___________________________________________________

     

    CIVIL AND SMALL CLAIMS PROPOSALS (SPR19 09-12)

    Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6076B

     

    Item Number: SPR19-09

    Alternative Dispute Resolution: Mediation Confidentiality Disclosures Under Senate Bill 954

    Summary: The Civil and Small Claims Advisory Committee proposes a new form for Judicial Council approval, Mediation Disclosure Notification and Acknowledgment (form ADR-200). This optional form serves to facilitate parties in implementing the requirements of Senate Bill 954 (Stats. 2018, ch. 350), which requires attorneys to provide their clients with specific written mediation confidentiality disclosures when they are representing clients in connection with mediation.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-10

    Civil Practice and Procedure: Separate Statements for Discovery Motions

    Summary: The Civil and Small Claims Advisory Committee recommends that California Rules of Court, rule 3.1345, be amended, effective January 1, 2020, to reflect the change in law regarding separate statements in discovery motions enacted in Assembly Bill 2230 (Stats. 2018, ch. 317). That bill amends three sections of the Code of Civil Procedure to expressly provide that courts, for certain types of discovery, may allow the moving party to submit an outline of the discovery requests and responses in dispute rather than the separate statement currently required by rule. The rule reflects those changes and expands them to additional types of discovery.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-11

    Small Claims: Information about Court Interpreters

    Summary: The Civil and Small Claims Advisory Committee is proposing revisions to two small claims forms in light of the repeal of Code of Civil Procedure section 116.550 in Senate Bill 1155 (Hueso; Stats. 2018). Previously, that statute had authorized a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. The law had also required each court to make a reasonable effort to maintain and make available to the parties a list of interpreters who were able and willing to aid parties in small claims actions. SB 1155 repealed section 116.550, and at the same time made all the statutory provisions regarding interpreters in other civil cases applicable to small claims cases. The proposed form revisions would remove all references to the content of this repealed law from the forms and more closely reflect current law.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

     

    Item Number: SPR19-12

    Civil Practice and Procedure: Case Management Rules

    Summary: In 2013, the Judicial Council amended the statewide rules of court on civil case management to give courts the discretion to exempt certain types or categories of general civil cases from the mandatory case management rules. The amendments were intended as an emergency measure, to help courts to better address the state’s fiscal crisis by decreasing the time spent by court staff and judicial officers in filing case management statements, setting and holding individual case management conferences, and performing other actions required by the case management rules. The Civil and Small Claims Advisory Committee, following the recommendation by the Commission on the Future of California’s Court System, is proposing that the discretionary exemption be made permanent, to allow flexibility in case management where courts so desire.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

    __________________________________________________

     

    MILITARY SERVICE PROPOSAL (SPR19-14)

    Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category28154B

     

    Item Number: SPR19-14

    Rules and Forms: Mandatory Form for Notification of a Party’s Military Status

    Summary: The Collaborative Justice Courts Advisory Committee proposes revising Notification of Military Status (form MIL-100), which informs the court that a party in a court case is or was in the military and changing the form from optional to mandatory. The revisions to the current form will enable courts to provide improved identification of court litigants in all case types who have a military affiliation.

    Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

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