This is why your teenagers are anxious: TikTok’s fate hangs in the balance at the Supreme Court. We discuss the recent oral arguments, and Donald Trump’s amicus brief asking the Court to sit tight and he’ll make a fantastic deal that will be fantastic and make the Court very happy and everyone will be very happy. (That is the best Trump impression I can do in written form 🤷).

And what does it mean when the Court of Appeal decided an appeal based on what one attorney does—and the other attorney doesn’t do—at oral argument? We discuss *Pollock v. Kelso* where the court decides that the plaintiff is the previaling party according to a settlement….a settlement the court has never seen.

We also cover Blauser v. Dubin discussing what to do when the trial court does not issue a final appealable order.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• https://www.youtube.com/watch?v=ynzTXuORJwM
• **Appellate court criticizes trial court practice of failing to enter final appealable orders Blauser v. Dubin** (4D3d Nov. 19, 2024 No. G063715).
• **No reporter’s transcript of attorneys’ fees hearing doomed this appeal Saydman v. Aegis Sec. Ins. Co.** (Cal. Ct. App. Dec. 20, 2024 No. G063209) (nonpub. opn.)

Here is our 2024 roundup, and in exchange we have a request for suggestions for 2025 content. If you are an attorney, what content do you prefer? Check out the poll.

Now here’s the roundup of updates for 2025:

📅 MSJ Deadlines Are Updated: Remember 81-20-11. With the MSJ hearing as the target, motions must be filed beforehand 81 days, oppositions 20 days, and replies 11 days.

🥈 Making a 2nd attempt at an MSJ? You’ll need leave of court.

⌨️ The court reporter shortage is before the Supreme Court. Stay tuned.

Here’s the roundup of notable cases from 2024:

• Biden admin takes aim at judges issuing sweeping nationwide injunctions. (But Tim asks: then who will take aim at federal authorities exercising sweeping nationwide powers?)
• Will anti-SLAPPs still be a thing in the Ninth Circuit by the end of 2025? Stay tuned for updates from the en banc panel in Martinez v. ZoomInfo Techs.
• The appellate courts continued to crack down on attorney incivility, with the court vowing that offending attorneys “will be called out and immortalized in the California Appellate Reports.”

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

1. Amendments to California's Motion for Summary Judgment Statute:
   • Assembly Bill 2049 Text: Official legislative text detailing the changes effective January 1, 2025.
   • Client Alert: New Summary Judgment Law in California Effective January 1, 2025: An overview of the new law and its implications.
   • New Changes to California's Summary Judgment Process: What You Need to Know: Insights into how the amendments will affect litigation strategies.
2. Court Reporter Shortage and Audio Recording in Courtrooms:
   • California Courts - Newsroom: Updates and news releases from the California judicial branch.

• Supreme Court Arguments on TikTok's Foreign Ownership and Nationwide Injunctions:
  • SCOTUSblog: Comprehensive coverage of upcoming Supreme Court cases and arguments.
• Civility in Legal Practice:
  • Masimo Corporation v. The Vanderpool Law Firm Case Summary: Details of the case addressing issues of civility and discovery sanctions.
  • The Uncivil War Raging Before the Cali

Jackie Gardina shares dispatches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways:

• 💯 Yes, the passing score was dropped—but don’t worry, the old one was picked out of a hat (basically).
• 🗯️“End the bar exam?! But that’s how it’s always been done!” Nope. Before that there were was the “diploma privilege” model, and before that the apprenticeship model.
• 🔍 What are other states doing? The mentorship model is in use in Oregon, Washington, and Nevada, and the diploma privilege model in Wisconsin.

Jackie Gardina biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• NCBE Study Aids Store: Offers various resources, including practice questions and study packs for the Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), and Multistate Performance Test (MPT). Visit their store here: NCBE Study Aids Store
• NextGen Bar Exam Information: Provides details on the upcoming changes to the bar exam format, including sample questions and a timeline for implementation. Explore more here: NextGen Bar Exam
• You can find more information about the commission, its objectives, and updates on its activities on the State Bar of California’s website The State Bar of California