Brian M. Hoffstadt
CA · Presiding Justice, California Court of Appeal, Second Appellate District, Division Five
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.