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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?

Unofficial result: Won — Brian M. Hoffstadt (Nonpartisan)

Source: electionresults.sos.ca.gov

California
Retention race

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