Presiding Justice, Court of Appeal, Second District, Division Five: Shall Presiding Justice BRIAN M. HOFFSTADT be elected to the office for the term provided by law?
Source: electionresults.sos.ca.gov
What does this office do?
- Deciding what state laws and the state constitution mean
- Setting rulings that lower state courts must follow
- Deciding major criminal and civil cases
Affects: Public Safety and Crime Control, Criminal Justice and Civil Liberties, Gun Control,
Brian M. Hoffstadt
Nonpartisan · Incumbent · Official site
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.
Track record
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
Was appointed to Division Two of the Second District Court of Appeal by Governor Jerry Brown.
August 1, 2014
Source: appellate.courts.ca.gov
Was appointed to the Los Angeles County Superior Court by Governor Arnold Schwarzenegger.
January 1, 2010
Source: appellate.courts.ca.gov
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
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
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
Authored Benavides v. Superior Court, ordering dismissal after an unsupported preliminary-hearing delay.
July 16, 2025Favorable on Legal Competence
Source: law.justia.com
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
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
Taught evidence at the USC Gould School of Law.
January 1, 2025Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
Chaired California's Appellate Justices Institute.
January 1, 2023Favorable on Legal Competence
Source: appellate.courts.ca.gov
Coauthored a California evidence-law treatise.
January 1, 2023Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
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
Coauthored the sixth edition of California Criminal Discovery.
January 1, 2020Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
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
Was elected to the American Law Institute.
January 1, 2018Favorable on Legal Competence
Source: appellate.courts.ca.gov
Chaired the Appellate Judges Education Institute Summit.
January 1, 2017Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
Coauthored the fifth edition of California Criminal Discovery.
January 1, 2015Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
Joined the faculty of California's Judicial College.
January 1, 2012Favorable on Legal Competence
Source: appellate.courts.ca.gov
Was appointed to the Los Angeles County Superior Court by Governor Arnold Schwarzenegger.
January 1, 2010Favorable on Legal Competence
Source: appellate.courts.ca.gov
Became a partner in Jones Day's Issues and Appeals practice.
January 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov
Handled criminal appeals while serving as an assistant U.S. attorney.
January 1, 2004Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
Worked in the U.S. Justice Department's Office of Policy Development.
January 1, 1999Favorable on Legal Competence
Source: appellate.courts.ca.gov
Worked on legal policy at the Federal Communications Commission.
January 1, 1997Favorable on Legal Competence
Source: appellate.courts.ca.gov
Clerked for U.S. Supreme Court Justice Sandra Day O'Connor.
January 1, 1996Favorable on Legal Competence
Source: appellate.courts.ca.gov
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
Source: elections.cdn.sos.ca.gov