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Associate Justice, Court of Appeal, Second District, Division Eight: Shall Associate Justice MATTHEW A. SCHERB be elected to the office for the term provided by law?

Unofficial result: Won — Matthew A. Scherb (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,

Matthew A. Scherb

Nonpartisan · Incumbent · Official site

Scherb is an associate justice in Division Eight of California's Second District Court of Appeal. He previously served as a California Supreme Court chambers attorney and worked in the Los Angeles City Attorney's appellate section.

Track record

Track record — General

General · 14 records
  • Served as an associate justice in Division Eight of the Second District Court of Appeal.

    September 13, 2026

    Source: appellate.courts.ca.gov

  • Joined the majority in Leviss v. Madix, holding that claims based on copying and sharing private sexual videos did not arise from protected public-interest activity.

    August 18, 2026

    Source: law.justia.com

  • Joined Division of Occupational Safety and Health v. Uber Technologies, holding that OSHA could subpoena records to determine jurisdiction while requiring review for overbreadth.

    June 18, 2026

    Source: law.justia.com

  • Was unanimously confirmed as an associate justice of Division Eight of the Second District Court of Appeal.

    November 17, 2025

    Source: newsroom.courts.ca.gov

  • Was nominated as an associate justice of Division Eight of the Second District Court of Appeal.

    August 7, 2025

    Source: gov.ca.gov

  • Represented Los Angeles in the appeal over the city's emergency COVID-19 eviction moratorium.

    August 25, 2021

    Source: cdn.ca9.uscourts.gov

  • Argued for Los Angeles officials in Wright v. Beck, an appeal concerning police retention and destruction of seized firearms.

    December 1, 2020

    Source: cdn.ca9.uscourts.gov

  • Represented Los Angeles in Gonzalez v. City of Los Angeles, which reversed orders requiring administrative appeals beyond police Board of Rights hearings.

    December 3, 2019

    Source: law.justia.com

  • Represented Los Angeles in Pearl v. City of Los Angeles, which affirmed a conditional reduction of an employment-harassment damages award.

    June 18, 2019

    Source: law.justia.com

  • Argued for Los Angeles in Recchia v. Los Angeles Department of Animal Services, an appeal over seizure and euthanasia of animals.

    May 1, 2018

    Source: cdn.ca9.uscourts.gov

  • Joined the Los Angeles City Attorney's civil appeals and writs section as a deputy city attorney.

    January 1, 2017

    Source: appellate.courts.ca.gov

  • Volunteered at Public Counsel's appellate clinic for self-represented litigants.

    January 1, 2017

    Source: appellate.courts.ca.gov

  • Practiced copyright and trademark litigation at Winston & Strawn.

    January 1, 2005

    Source: appellate.courts.ca.gov

  • Clerked for U.S. District Judge Royce C. Lamberth in the District of Columbia.

    January 1, 2004

    Source: appellate.courts.ca.gov

Track record — Legal Competence

Legal Competence · 7 favorable
  • Joined People v. Maldonado, holding that a defendant's absence from a brief competency hearing did not violate the Constitution or prejudice the defense.

    August 11, 2026Favorable on Legal Competence

    Source: law.justia.com

  • Joined Woodhouse v. State Bar of California, affirming dismissal of claims the court found had no possibility of success.

    February 27, 2026Favorable on Legal Competence

    Source: law.justia.com

  • Became a chambers attorney for California Supreme Court Justice Martin J. Jenkins.

    January 1, 2021Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Served on the California Lawyers Association Committee on Appellate Courts.

    January 1, 2020Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Served on the Los Angeles County Bar Association Appellate Courts Section Executive Committee.

    January 1, 2020Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Represented Los Angeles in Los Globos Corp. v. City of Los Angeles, which affirmed dismissal because the nightclub had not exhausted administrative remedies.

    November 20, 2017Favorable on Legal Competence

    Source: law.justia.com

  • Began serving as a senior and lead appellate court attorney for Justice Kathleen M. Banke.

    January 1, 2011Favorable on Legal Competence

    Source: appellate.courts.ca.gov

Source: elections.cdn.sos.ca.gov