CAP : Los Angeles
hero_pattern.png

Second District Court of Appeal

California Appellate Project

Los Angeles

 

Welcome to our website.

We are the Los Angeles office of the California Appellate Project (CAP-LA).  We are a non-profit law firm. Under a contract with the State of California, CAP-LA manages the court-appointed counsel program for the Second Appellate District Court of Appeal, which has jurisdiction over Los Angeles, San Luis Obispo, Santa Barbara, and Ventura Counties.  We also directly represent some clients under court-appointment.

ANNOUNCEMENTS:

*** OSPD MCLE Training Opportunity “People v. Renteria: How to Get Your Lone Actor Client Retroactive Relief” May 2, 2024, 12:15 p.m. - 1:15 p.m. Zoom Registration Link

People v. Renteria (2022) 13 Cal.5th 951 clarified and narrowed the requirements necessary to prove gang enhancements against lone actors. Last year OSPD attorneys filed a habeas petition arguing for retroactive application of Renteria to a final case and won relief for their client. In this webinar, those attorneys will discuss Renteria’s application to lone actor cases and cases involving defendants with unknown or non-gang affiliated coparticipants, and the theory of retroactivity making Renteria applicable to final cases. They will also provide you with a model petition, walk through how to complete and file the petition for your own lone actor client, and discuss further proceedings in the trial court. OSPD is also looking for several cases to handle in-house and will share contact info to discuss potential cases prior to the Q & A. *1 hour of MCLE and Legal Specialization Credit is offered for this training*

*** CCAP is Accepting Applications for Two Staff Attorney Positions. The job announcement, which includes instructions for submitting an application, is available here. The deadline for submitting applications is May 10, 2024. View on CCAPs website.

*** The Sixth District Appellate Program (SDAP) is Accepting Application for Two Staff Attorney Positions with start dates in July. View on SDAP’s website.

*** Student Loan Forgiveness: The federal Public Service Loan Forgiveness (PSLF) program has implemented new rules about who qualifies for federal student loan forgiveness. Previously, only full-time employees for a non-profit or government agency qualified.  Under the new regulations, independent contractors working in a full-time capacity may qualify in certain situations. For more information on the new rule, visit the PSLF information on qualifying employment and expand the FAQ "Am I eligible for PSLF if I'm a contractor?"   Link to attachments here, here and here.

*** Documentary exhibits must be made part of the Clerk’s Transcript pursuant to Second Appellate District Local Rule 1, subdivision (a)(7), as follows:

“The Clerk's Transcript shall include all documentary exhibits admitted in evidence, refused, or lodged in the case in the superior court, including copies of any demonstrative exhibts that were shown to the trier of fact if those copies were lodged in the superior court. The demonstrative exhibits to be included in the clerk’s transcript shall include copies of computer slide presentations (such as PowerPoint presentations) that were shown to the trier of fact, whether or not the presentations were marked as exhibits if copies were lodged in the superior court. Each admitted exhibit shall be clearly identified and sequentially numbered.”

*** Superior Court Changes, beginning November 6, 2023, the court is switching to a new case management system. Under the new system, case “dockets” are no longer available. Instead, public terminals are to be available for use to view and determine which minutes you need. It is not yet clear whether printers will be available for the public or whether, once the dates needed are determined, the clerk will print any needed minute orders. CAP will update as new information is received.

*** In delinquency cases, the superior court no longer wants record omission letters by U.S. Mail. Going forward, send the letters via email to: elkjuvenileappeals@lacourt.org

*** Delgadillo And No-Issues Briefs, the California Supreme Court clarified procedures for appellate review of Penal Code section 1172.6 resentencing appeals where counsel files a no-issues brief. See People v. Delgadillo (2022) 14 Cal.5th 216 here. The decision is now final and the Second District has declared its preference for Delgadillo briefs instead of Serrano briefs in other no-issues cases. Sample Delgadillo briefs are here and here. As always, please contact CAP before filing any no issue brief.

*** The address for requests for record completion in criminal cases in LA County has changed. Please continue to the “Criminal” page for details.

*** New rules of court for 2022 can be found at the court’s website. They include new rules for electronic filing in the California Supreme Court, which go into effect on January 1, 2022 and can be found here.

*** There are important new changes to filing in Los Angeles County dependency cases. Go to the dependency page on this site.

*** The Second District Court of Appeal is allowing in-person access to the clerk’s office by appointment.

***  As of January 1, 2020, a new state-wide Rule of Court, rule 8.74(b), sets forth formatting requirements that supersede all previous rules as to font, spacing, margins, and alignment in briefs. The new rule is similar to the Second District’s previously articulated preferences found on the Court's website here.   

If you need a quick link to e-claims it's here:

 

Contact

➤ LOCATION

520 S. Grand Ave., 4th Floor

Los Angeles, CA 90071

☎ CONTACT

phone (213) 243-0300

fax (213) 243-0303

Phone hours are 9 a.m. - 5 p.m.

**Questions regarding the website? Contact Tanya@lacap.com