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Brian M. Hoffstadt

CA · Presiding Justice, California Court of Appeal, Second Appellate District, Division Five

Official website

Hoffstadt is the presiding justice of Division Five in California's Second District Court of Appeal. He previously served on the Los Angeles Superior Court, as a federal prosecutor, and as a U.S. Supreme Court law clerk.

Where Brian M. Hoffstadt stands, based on their records

Mixed record

Public Safety and Crime Control (2 support · 2 oppose), Civil Rights (5 support · 2 oppose)

Campaign finance information not available

Track record

Track record — Public Safety and Crime Control

Public Safety and Crime Control · 2 support · 2 oppose
  • Authored People v. Santistevan, striking a great-bodily-injury enhancement prohibited for the underlying battery conviction.

    August 27, 2026Opposes Public Safety and Crime Control

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Cabrera, concurring that a 50-years-to-life sentence required access to youth-offender recall procedures.

    May 9, 2025Opposes Public Safety and Crime Control

    Source: law.justia.com · researched September 13, 2026

  • Handled criminal appeals while serving as an assistant U.S. attorney.

    January 1, 2004Supports Public Safety and Crime Control

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served as a federal criminal prosecutor in the U.S. Attorney's Office in Los Angeles.

    January 1, 2000Supports Public Safety and Crime Control

    Source: appellate.courts.ca.gov · researched September 13, 2026

Track record — Civil Rights

Civil Rights · 5 support · 2 oppose
  • Authored People v. Santistevan, striking a great-bodily-injury enhancement prohibited for the underlying battery conviction.

    August 27, 2026Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored Husband v. Target, affirming judgment against disability claims where the employer lacked notice of the disability.

    May 21, 2026Opposes Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored Benavides v. Superior Court, ordering dismissal after an unsupported preliminary-hearing delay.

    July 16, 2025Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored Silva v. Cross Country Healthcare, affirming that an employer's one-sided arbitration arrangement was unconscionable.

    June 13, 2025Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Cabrera, concurring that a 50-years-to-life sentence required access to youth-offender recall procedures.

    May 9, 2025Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored Colonial Van & Storage v. Superior Court, rejecting employer liability for third-party violence against remote workers.

    March 18, 2022Opposes Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Joined People v. Amaya, reversing felony counts and directing misdemeanor shoplifting treatment under Proposition 47.

    November 3, 2015Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

Track record — General

General · 3 records
  • Was unanimously confirmed as presiding justice of Division Five of the Second District Court of Appeal.

    November 25, 2024

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed to Division Two of the Second District Court of Appeal by Governor Jerry Brown.

    August 1, 2014

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed to the Los Angeles County Superior Court by Governor Arnold Schwarzenegger.

    January 1, 2010

    Source: appellate.courts.ca.gov · researched September 13, 2026

Track record — Legal Competence

Legal Competence · 29 favorable
  • Authored People v. Santistevan, striking a great-bodily-injury enhancement prohibited for the underlying battery conviction.

    August 27, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored Husband v. Target, affirming judgment against disability claims where the employer lacked notice of the disability.

    May 21, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored Hu v. XPO Logistics, affirming that a freight broker lacked control creating tort liability for an independent carrier's worker.

    January 16, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored Benavides v. Superior Court, ordering dismissal after an unsupported preliminary-hearing delay.

    July 16, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored Silva v. Cross Country Healthcare, affirming that an employer's one-sided arbitration arrangement was unconscionable.

    June 13, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Cabrera, concurring that a 50-years-to-life sentence required access to youth-offender recall procedures.

    May 9, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Taught evidence at the USC Gould School of Law.

    January 1, 2025Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was unanimously confirmed as presiding justice of Division Five of the Second District Court of Appeal.

    November 25, 2024Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Chaired California's Appellate Justices Institute.

    January 1, 2023Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Coauthored a California evidence-law treatise.

    January 1, 2023Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Authored Colonial Van & Storage v. Superior Court, rejecting employer liability for third-party violence against remote workers.

    March 18, 2022Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored California Department of Tax and Fee Administration v. Superior Court, enforcing California's pay-first rule for tax challenges.

    May 7, 2020Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Coauthored the sixth edition of California Criminal Discovery.

    January 1, 2020Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Authored Citizens Coalition Los Angeles v. City of Los Angeles, upholding the city's environmental review and zoning amendment.

    August 23, 2018Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored Garcia v. Mercedes-Benz USA, modifying a costs award and otherwise affirming the judgment.

    January 1, 2018Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Was elected to the American Law Institute.

    January 1, 2018Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Chaired the Appellate Judges Education Institute Summit.

    January 1, 2017Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Joined People v. Amaya, reversing felony counts and directing misdemeanor shoplifting treatment under Proposition 47.

    November 3, 2015Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Coauthored the fifth edition of California Criminal Discovery.

    January 1, 2015Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed to Division Two of the Second District Court of Appeal by Governor Jerry Brown.

    August 1, 2014Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Joined the faculty of California's Judicial College.

    January 1, 2012Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed to the Los Angeles County Superior Court by Governor Arnold Schwarzenegger.

    January 1, 2010Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Became a partner in Jones Day's Issues and Appeals practice.

    January 1, 2006Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Handled criminal appeals while serving as an assistant U.S. attorney.

    January 1, 2004Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served as a federal criminal prosecutor in the U.S. Attorney's Office in Los Angeles.

    January 1, 2000Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Worked in the U.S. Justice Department's Office of Policy Development.

    January 1, 1999Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Worked on legal policy at the Federal Communications Commission.

    January 1, 1997Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Clerked for U.S. Supreme Court Justice Sandra Day O'Connor.

    January 1, 1996Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Clerked for Judge Cynthia Holcomb Hall on the U.S. Court of Appeals for the Ninth Circuit.

    January 1, 1995Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

Retention question · November 3, 2026

Profile last researched September 12, 2026.