Hon. Patti S. Kitching (Ret.)

Profile

Hon. Patti S. Kitching is a retired justice of the California Court of Appeal, Second Appellate District, Division Three. She was appointed to the court by Governor Pete Wilson in December 1992 and assumed office in January 1993. As an Associate Justice, Justice Kitching was the lead author in 130 published cases and 2,000 unpublished cases. She also handled appeals and writs from all departments of the Los Angeles Superior Court, including Civil, Criminal, Family Law, Juvenile, Mental Health, Probate and the Appellate Division.

Justice Kitching began her legal career as the Deputy Attorney General for the State of California, a position which she held from 1975 to 1986. She then worked as Senior Counsel for Bank of America for a few years before being appointed to the Los Angeles Municipal Court by Governor George Deukmejian in 1988. She subsequently was appointed to the Los Angeles Superior Court in 1990, where she served until her appointment to the Second District Court of Appeal in 1992.

JUDICIAL BACKGROUND

2016    Appellate Consultant

  • Advised appellate counsel in mock oral arguments involving the Labor Code and complex contract issues

1993-2015       Associate Justice, California Court of Appeal
Second Appellate District, Division Three

  • Lead author in 130 published cases
  • Lead author in 2,000 unpublished cases
  • Handled appeals and writs from all departments of the Superior Court including Civil, Criminal, Family Law, Juvenile, Mental Health, Probate and the Appellate Division.
  • Appointed as a Pro Tem with the California Supreme Court (2001, 2007, 2011)

1990-1993       Judge, Los Angeles Superior Court

  • Law & Motion – Dept. 82 (1992-1993)
    Handled 20-30 motions per day including motions for summary judgment/summary adjudication of issues
  • Night Court (1991-1992)
  • Appointed by Governor George Deukmejian on May 9, 1990

1988-1990       Judge, Los Angeles Municipal Court

  • Appointed by Governor George Deukmejian on October 5, 1988

PROFESSIONAL EXPERIENCE

1986-1988       Senior Counsel, Bank of America

  • Worked in litigation department on cases involving insurance coverage, title insurance, mortgage insurance, real property foreclosures, rent receiverships, toxic waste claims and tort claims in connection with commercial transactions.
  • Monitored over 200 lawsuits that were referred to outside counsel.

1975-1986       Deputy Attorney General, California Department of Justice

  • Handled trial and appellate matters in the areas of business and tax.
  • Represented California tax agencies (Franchise Tax Board, State Board of Equalization, Employment Development Department), Department of Real Estate, and Department of Insurance.
  • Gained experience in the assessment and collection of all state taxes, and areas such as Proposition 13, ERISA, preemption, and the First Amendment.
  • Successfully briefed and argued two cases before the United States Supreme Court:
    o  Franchise Tax Board v. United States Postal Service (1984) 467 U.S. 512
    o  Franchise Tax Board v. Construction Laborers Vacation Trust (1983) 463 U.S. 1

EDUCATION

  • 2004    University of Virginia – Master of Laws in Judicial Process
    Title of thesis for Masters Degree: “Obligations to Lower Courts and to the Legal Community – The Problems Created by Splintered United States Supreme Court Decisions”
  • 1974    Loyola Law School – Juris Doctor, cum laude
  • 1963    University of California, Los Angeles – Bachelor of Arts in English

AWARDS

1995    Appellate Justice of the Year

  • Selected by Consumer Attorneys of California (CAOC)

Representative Cases