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The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government California ( is a US state on the West Coast of the United States, along the Pacific Ocean. The state is divided into six appellate districts based on geography. The decisions of the Courts of Appeal are binding on the Superior Courts of California, and both the Courts of Appeal and the Superior Courts are bound by the decisions of the Supreme Court of California. The Superior Courts of California are the Superior courts in the U The Supreme Court of California is the State supreme court in California. Notably, all published California appellate decisions are binding on all trial courts,[1] unlike the federal court system, where each trial court is bound only by the appellate decisions from the particular circuit in which it sits, as well as the U.S. Supreme Court. The United States federal courts are the system of Courts organized under the Constitution and laws of the Federal government of the United States The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. [2] Decisions by a Court of Appeal panel are not binding on other panels. When there is a vacancy on the Supreme Court of California, or if a Supreme Court justice recuses him or herself from a case, a Court of Appeal justice is assigned to hear each Supreme Court case requiring such assignment. When there are vacancies on the Court of Appeal, the Chief Justice of the Supreme Court assigns a judge from the superior court to sit as a court of appeal justice.

All California appellate courts are required by the California Constitution to decide cases in writing with reasons stated, even if the appeal is completely frivolous (the decision must summarize the facts and law of the case before concluding that the appeal is frivolous). The Constitution of the State of California is the document that establishes and describes the duties powers structure and function of the Government of the U [3] Most Court of Appeal opinions are not published and have no precedential value;[4] the opinions that are published are included in the California Appellate Reports.

Contents

History

The California Constitution originally made the Supreme Court the only appellate court for the whole state. The Constitution of the State of California is the document that establishes and describes the duties powers structure and function of the Government of the U The Supreme Court of California is the State supreme court in California. By the end of the 19th century, however, the Supreme Court was no longer able to keep up with the workload. Accordingly, in 1903, the Legislature proposed a constitutional amendment to create the Court of Appeal. Year 1903 ( MCMIII) was a Common year starting on Thursday (link will display calendar of the Gregorian calendar or a Common year starting The California State Legislature is the state legislature of the U On November 8, 1904, the electorate adopted the amendment. Events 1519 - Hernán Cortés enters Tenochtitlán and Aztec ruler Moctezuma welcomes him with great a Celebration Year 1904 ( MCMIV) was a Leap year starting on Friday (link will display calendar of the Gregorian calendar (or a Leap year starting on

The Courts of Appeal originally consisted of three appellate districts, headquartered in San Francisco, Los Angeles, and Sacramento, with three justices each. These first nine justices were appointed by the Governor.

Organization

Some of the appellate districts (First and Second) are divided into divisions that have four appellate justices, who are randomly selected to form three-justice panels for each appellate case, and whose workloads are divided semi-randomly to ensure even division of work. There are several different types of districts in California. Some of the appellate districts (Third, Fifth, and Sixth) are not divided into divisions; for each appellate case, three-justice panels are semi-randomly drawn, again to ensure even division of work. The Fourth District is unique in that it is divided into three geographically-based divisions that are administratively separate, each of which works much like the Third, Fifth, and Sixth Districts.

First District

The Supreme Court of California's headquarters is also home to the First District
The Supreme Court of California's headquarters is also home to the First District

The California Court of Appeal for the First District is located in San Francisco. The City and County of San Francisco is the fourth most populous city Its jurisdiction is over the following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma. Alameda County is a county in the US state of California. It occupies most of the East Bay region of the San Francisco Bay Area. Contra Costa County ( Spanish for "opposite coast" is a suburban county in the San Francisco Bay Area of the U Del Norte County sits in the far northwest corner of the US state of California, located on the Pacific coast south of Oregon. Humboldt County is located on the far North Coast of California. Lake County is a County located in the north central portion of the U March 11, 1889 | Mendocino County is a County located on the north coast of the U Napa County is a County located north of the San Francisco Bay Area in the U The City and County of San Francisco is the fourth most populous city San Mateo County ( "san muh-TAY-o") ( Spanish for: St Solano County is a County located in Bay-Delta region of the U Sonoma County, located on the northern coast of California, is one of the northernmost counties of the nine county Greater San Francisco Bay Area, U It is divided into five non-geographical divisions with four justices each:

Division One:

Division Two:

Division Three:

Division Four:

Division Five:

Clerk/Administrator: Diana J. Herbert

Assistant Clerk/Administrator: Susan Graham

Second District

The Second District's main courthouse in Los Angeles, which it shares with the Supreme Court's branch office
The Second District's main courthouse in Los Angeles, which it shares with the Supreme Court's branch office

The California Court of Appeal for the Second District has its main courthouse in Los Angeles and the secondary courthouse, hosting Division Six, in Ventura. Los Angeles (lɑˈsændʒələs los ˈaŋxeles in Spanish) is the largest City in the state of California and the American West Incorporated in 1866 the city of San Buenaventura (usually referred to as Ventura) is the County seat of Ventura Division Six handles appeals from San Luis Obispo, Santa Barbara, and Ventura Counties, while Divisions One through Five, Seven, and Eight handle appeals from Los Angeles County. San Luis Obispo County is a county located along the Pacific Ocean in the Central Coast of the U Santa Barbara County is a County located on the Pacific coast of the southern portion of the U Ventura County is a county in the southern part of the US state of California ( Southern California) Los Angeles County is a county in California and is by far the most populous county in the United States. Each division has four justices.

Division One:

Division Two:

Division Three:

Division Four:

Division Five:

Division Six:

Division Seven:

Division Eight:

Clerk/Administrator: Joseph A. Lane

Assistant Clerk/Administrators: Daniel P. Potter and Paul McGill

Third District

The Third District's courthouse in Sacramento
The Third District's courthouse in Sacramento

The California Court of Appeal for the Third District is located in Sacramento. Its jurisdiction is over the following counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba. Alpine County is the smallest county, by population in the US Amador County is a county located in the Sierra Nevada of the U Butte County is a County located in the Central Valley of the U Calaveras County is a County located in the Gold Country of the U Colusa County is a County located in the Central Valley of the U El Dorado County is a County located in the Gold Country of the U Glenn County is a county located in the Central Valley, in the northern part of the U Lassen County is a county located in the northeastern portion of the U Modoc County is a county located in the far northeast corner of the U Mono County is a County located in the east central portion of the U Nevada County is a county located in the Sierra Nevada of the U Placer County (from Spanish: placer - "pleasure" is a county located in the Sierra Nevada of the U Plumas County is a county located in the Sierra Nevada of the U Sacramento County is a county in the US state of California. The County seat is the city of Sacramento, the State capital San Joaquin County is a county located in Central Valley of the U Shasta County is a county located in the northern portion of the U Sierra County is a county located in the Sierra Nevada of the U Siskiyou County is a County located in the far northernmost part of the U Sutter County is a county located along the Sacramento River in the Central Valley of the U Tehama County (pronounced teh-HAY-muh is a county located in the northern part of the U Trinity County is a large rugged and mountainous heavily forested county located in the northwestern portion of the U Yolo County is located in the northern part of the US state of California, bordered by the counties of Sacramento, Solano, Yuba County is located in the US state of California 's Central Valley, north of Sacramento, along the Feather River. It has 11 justices and is not divided into divisions.

Justices:

Clerk/Administrator: Deena C. Fawcett

Assistant Clerk/Administrator: Norman H. Harebottle

Fourth District

The California Court of Appeal for the Fourth District is unique in that it is divided into three geographical divisions that are administratively separate, which even have different case number systems, and yet remain referred to as a single district.

Division One

Fourth District, Division One's courthouse at Symphony Towers in San Diego
Fourth District, Division One's courthouse at Symphony Towers in San Diego

The Division One courthouse is located in San Diego. It handles appeals from Imperial and San Diego Counties. Imperial County is a County located in the Imperial Valley, in the far southeast of the U San Diego County is a County located on the Pacific Ocean in the far southwest of the U It has 10 justices.

Justices:

Clerk/Administrator: Stephen M. Kelly

Assistant Clerk/Administrator: Kevin J. Lane

Division Two

The Division Two courthouse is located in Riverside. Riverside is the County seat of Riverside County, California, United States. It handles appeals from Inyo, Riverside, and San Bernardino Counties. Inyo County is located in east-central California in the southwestern United States, on the east side of the Sierra Nevada Mountains and south of Yosemite Riverside County is a County located in the southeastern part of the U San Bernardino County is a county in the US state of California. It has seven justices. It is the only California appellate court that issues a tentative opinion before oral argument.

Justices:

Division Three

The Division Three courthouse in Santa Ana
The Division Three courthouse in Santa Ana

The Division Three courthouse is located in Santa Ana. Founded in 1869 Santa Ana ( is the most populous city in Orange County California and is the County seat and a city of about 353184 people. It handles appeals from Orange County. Orange County is a county in Southern California, United States. It has eight justices.

Justices:

Fifth District

The Fifth District's Fresno courthouse
The Fifth District's Fresno courthouse

The California Court of Appeal for the Fifth District is located in Fresno. Its jurisdiction covers the following counties: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne. Fresno County is a County located in the Central Valley of the U Kern County is a County located in the southern Central Valley of the U Kings County is a County located in the Central Valley of the U Madera County is a County of the US state of California, located in the Central Valley and the Sierra Nevada north of Mariposa is a Census-designated place (CDP in and the County seat of Mariposa County, California, United States. Merced County (pronounced "Mer-SED" is a County located in the Central Valley of the U Stanislaus County is a County located in the Central Valley of the state of California, between Stockton and Fresno. Tulare County is a county located in the Central Valley of the U Tuolumne County (tuːˈɒləmi "To All o' Me" with a silent N is a county located in the Sierra Nevada of the U It has 10 justices.

Justices:

Sixth District

The Comerica Bank Tower, which houses the Sixth District's courthouse
The Comerica Bank Tower, which houses the Sixth District's courthouse

The California Court of Appeal for the Sixth District is located in the Comerica Bank building in San José. Comerica Incorporated ( is a Financial services company headquartered in Dallas Texas with locations in other states including Michigan California Texas Arizona Its jurisdiction covers Monterey, San Benito, Santa Clara, and Santa Cruz Counties. Monterey County is a county located on the Pacific coast of the U San Benito County is a county located in the Coast Range Mountains of the U Santa Clara County is a County located in the San Francisco Bay Area of the U Santa Cruz County is a county located on the Pacific coast of the U It has seven justices.

Justices:

Clerk/Administrator: Michael J Yerly

Assistant Clerk/Administrator: Corrine Pochop

See also

Notes

  1. ^ Auto Equity Sales, Inc. The Supreme Court of California is the State supreme court in California. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal There are several different types of districts in California. v. Superior Court,, 57 Cal. 2d 450, 369 P.2d 937, 20 Cal. Rptr. 321 (1962).
  2. ^ See, e. g. , Reiser v. Residential Funding Corp. , 380 F. 3d 1027 (7th Cir. 2004).
  3. ^ People v. Kelly, 40 Cal. 4th 106 (2006).
  4. ^ Schmier v. Supreme Court, 78 Cal. App. 4th 703 (2000). The plaintiff in this case unsuccessfully challenged the selective publication policy as unconstitutional. The court retorted: "Appellant either misunderstands or ignores the realities of the intermediate appellate process. " The court went on to describe the variety of frivolous appeals regularly encountered by the Courts of Appeal, and concluded: "Our typical opinions in such cases add nothing to the body of stare decisis, and if published would merely clutter overcrowded library shelves and databases with information utterly useless to anyone other than the actual litigants therein and complicate the search for meaningful precedent. "

External links

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