Katherine Jackson Civil Case Appeal information: 2nd Appellate District

by **Admin** Tue Jan 14, 2014 7:01 pm

2nd District Court of Appeal

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2nd Appellate District

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Last Name or Organization: Jackson
First Name: Katherine

To find additional info: Click on the case number for more information about a case.

Court of Appeal Case Number: B252411 & B248420
Trial Court Case Number: BC445597
Case Caption: Jackson et al. v. AEG LIVE LLC et al.

Trial Court Case: BC445597
Court of Appeal Case: B252411
Division: p (pending)
Case Caption: Jackson et al. v. AEG LIVE LLC et al.
Case Type: CV
Filing Date: 11/08/2013
Oral Argument Date/Time: none yet

Cross Referenced Cases:
B247338 AEG Live, LLC et al. v. Superior Court of Los Angeles County et al.
B248420 Jackson et al. v. AEG Live, LLC et al.

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>>Here is the other case to reference:

Trial Court Case: BC445597
Court of Appeal Case: B248420
Division: 5
Case Caption: Jackson et al. v. AEG Live, LLC et al.
Case Type: CV
Filing Date: 04/26/2013
Oral Argument Date/Time: none yet

Cross Referenced Cases:
B247338 AEG Live, LLC et al. v. Superior Court of Los Angeles County et al.

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by **Admin** Tue Jan 14, 2014 7:16 pm

About The 2nd District

On November 8, 1904, Article 6 section 4 of the California Constitution was adopted creating 3 District Courts of Appeal: the First District located in San Francisco, the Second District located in Los Angeles, and the Third District located in Sacramento. The Constitution was modified in 1966 and there are now six Courts of Appeal: The Fourth District with Divisions in San Diego, Riverside and Santa Ana, the Fifth District in Fresno and the Sixth District in San Jose.

The Second District held its first session on April 24, 1905. It is now made up of four counties, Los Angeles, Ventura, Santa Barbara and San Luis Obispo. There are eight Divisions of four justices each. Divisions 1-5, 7 and 8 are located in Los Angeles, and handle all matters arising from the Los Angeles Superior Court. Division 6 is located in Ventura and handles all matters from the Ventura, Santa Barbara and San Luis Obispo Superior Courts.

Courts of Appeal review final judgments of Superior Courts for prejudicial errors of law. Most appellate dispositions are by written opinion. The Second District files over 5,000 appellate opinions each year. Courts of Appeal have original jurisdiction over writs of habeas corpus, mandamus, prohibition, and certiorari. Writ petitions may be disposed of by summary order or written opinion. The Second District disposes over 3,700 writ petitions yearly.

Cases are decided by randomly selected three Justice panels. There are 32 Justices in the Second District. Justices are appointed by the Governor and confirmed by the Commission on Judicial Appointments. Newly appointed Justices must be retained by the public at the next general election and at the end of each 12 year term.

>>>Practices & Procedures [You must be registered and logged in to see this link.]

*Filing a notice of appeal

Civil Appeal: A Notice of Appeal or cross appeal is filed with the clerk of the trial court from which the appeal is taken. California Rules of Court, (rule 8.100). Judicial Council (forms APP-001 and APP-002) may be used. A $775.00 filing fee or fee waiver is required.
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>>>2014 California Rules of Court

Rule 8.104. Time to appeal

(a) Normal time

(1)Unless a statute or rule 8.108 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A)60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served;

(B)60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or

(C)180 days after entry of judgment.

(2)Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

(3)If the parties stipulated in the trial court under Code of Civil Procedure section 1019.5 to waive notice of the court order being appealed, the time to appeal under (1)(C) applies unless the court or a party serves notice of entry of judgment or a file-stamped copy of the judgment to start the time period under (1)(A) or (B).

(Subd (a) amended effective July 1, 2012; previously amended effective January 1, 2007, and January 1, 2010.)

(b) No extension of time; late notice of appeal

Except as provided in rule 8.66, no court may extend the time to file a notice of appeal. If a notice of appeal is filed late, the reviewing court must dismiss the appeal.

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2005.)

(c) What constitutes entry

For purposes of this rule:

(1)The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5, or the date it is entered in the judgment book.

(2)The entry date of an appealable order that is entered in the minutes is the date it is entered in the permanent minutes. But if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed; a written order prepared under rule 3.1312 or similar local rule is not such an order prepared by direction of a minute order.

(3)The entry date of an appealable order that is not entered in the minutes is the date the signed order is filed.

(4)The entry date of a decree of distribution in a probate proceeding is the date it is entered at length in the judgment book or other permanent court record.

(Subd (c) relettered effective January 1, 2011; adopted as subd (c); relettered as subd (d) effective January 1, 2005; previously amended effective January 1, 2007.)

(d) Premature notice of appeal

(1)A notice of appeal filed after judgment is rendered but before it is entered is valid and is treated as filed immediately after entry of judgment.

(2)The reviewing court may treat a notice of appeal filed after the superior court has announced its intended ruling, but before it has rendered judgment, as filed immediately after entry of judgment.

(Subd (d) relettered effective January 1, 2011; adopted as subd (d); previously relettered as subd (e) effective January 1, 2005.)

(e) Appealable order

As used in (a) and (d), "judgment" includes an appealable order if the appeal is from an appealable order.

(Subd (e) amended effective July 1, 2011; adopted as subd (f); previously amended effective January 1, 2005; previously relettered effective January 1, 2011.)

Rule 8.104 amended effective July 1, 2012; repealed and adopted as rule 2 effective January 1, 2002; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2005, January 1, 2010, January 1, 2011, and July 1, 2011.

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by **Admin** Tue Jan 14, 2014 7:24 pm

Justices by Division [You must be registered and logged in to see this link.]
(KJ's case is Division 5 for Court of Appeal Case: B248420 - 4/26/13)

Division Five
Presiding Justice Paul Turner
Associate Justice Richard M. Mosk
Associate Justice Sandy R. Kriegler
Associate Justice (Vacant)

>>>What Appellate Justices Do

Most legal disputes involving state law initially are decided by trial courts or certain administrative agencies. After such a decision, a party may seek appellate review of the ruling if that party believes the trial court or administrative agency made an error of law that harmed the party.

In cases other than death penalty appeals, a party seeks appellate review in the Court of Appeal. After the Court of Appeal has made its decision, a party may seek review in the California Supreme Court. Death penalty appeals are decided only by the Supreme Court, not by the courts of appeal.

Thousands of cases are appealed in California every year. They include criminal convictions; civil cases involving personal injury, contract, employment, real estate, probate, dissolution of marriage, child custody and many other issues; and administrative matters, such as worker's compensation. In the vast majority of these cases, the decision of the Court of Appeal is the final decision. This is because the Supreme Court grants review of only a few Court of Appeal decisions when necessary to resolve novel or disputed questions of law. Proceedings in appellate courts are very different from those in trial courts. In trial courts, a judge or jury hears the testimony of witnesses and reviews physical evidence, exhibits and documents, then decides which version to believe and reaches a decision.

Appellate courts, on the other hand, do not decide an appeal by taking new evidence or reassessing the credibility of the witnesses who testified in the trial court. Rather, they review the written record to determine if the trial court properly interpreted the law and used the correct procedures when considering the case.

To ensure cases are examined from several perspectives, each appeal is considered by a panel of three justices. Appellate court justices are assisted in their review by the parties' written and oral arguments. To decide a case a majority of the justices must agree. Whenever an appellate court reverses, it almost always allows the trial court to rehear the case using the correct law and procedures.

All justices are bound to apply the law whether or not they personally agree with it. Justices may not substitute their own ideas for what the law should be, but are bound by the federal and state constitutions, statutes, and other rules and regulations enacted by those with the authority to do so, including the State Legislature and the voters by initiative. Justices must enforce all laws without being swayed by public opinion. The Code of Judicial Ethics requires all justices to "be faithful to the law regardless of partisan interests, public clamor or fear of criticism . . . ." The retention election system, adopted by California voters as part of the state Constitution, is designed specifically to foster judicial independence from improper external pressures.

The California Constitution generally requires appellate courts to decide a case in a written opinion setting forth the facts and rules of law upon which the decision is made. By constitutional mandate, the decision must be issued within 90 days after the case has been taken under submission or the justices hearing the case cannot receive their pay.

While appellate court justices perform their roles quietly and without fanfare, the public can find much of their work published in law books titled "California Reports," "California Appellate Reports" and "California Reporter." Each of California's 58 counties has a public law library containing these books, as do law schools and most law offices.

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by **Admin** Tue Jan 14, 2014 7:38 pm

Division Five Oral Argument Guide:

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NOTE: This pdf file is interesting to know - it explains the procedure.

by **Admin** Tue Jan 14, 2014 7:49 pm

Information on Appeal Procedures for Unlimited Civil Cases (2DCA/APP-001)

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From Forms & Rules page: [You must be registered and logged in to see this link.]

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Katherine Jackson Civil Case Appeal information: 2nd Appellate District

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