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Thomas Vogele & Associates, APC

Trial and Appellate Attorneys for Business and Civil Disputes

About TVA

The TVA legal team, led by principals Thomas Vogele and Timothy Kowal, serves clients in trial and on appeal throughout California, with offices in Orange and Monterey Counties. Our mission is to provide every client with creative and tenacious representation. We are proud to have won trial and appellate victories for business and individuals that rank among the largest and most significant in California.
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TVA Law - known for an intense commitment to client service

A passionate commitment 
to excellence 
and professionalism

Awards

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2019 Top 20 California2019 Number 1 Verdict Property Rights CaliforniaSuper LAwyers Badge - Thomas A Vogele Selected in 2017 Thomson Reuters
Expertise Award - Best Bankruptcy Lawyers in Irvine 2020Top 10 Jury Verdicts in California 2018 - Breach of ContractNumber 1 Jury Verdict in California 2018 - Fraudulent Transfer
AVVO Rating 10.0 SuperbSuper Lawyers 2023

Resources for Trial Attorneys

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals in our ARTICLES section.

Trial attorneys might also be interested in the California Appellate Law Podcast, co-hosted by Tim Kowal. To listen, click below, visit www.CALPodcast.com, or subscribe in your favorite podcast player.
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PODCAST

The California Appellate Law Podcast, co-hosted by Tim Kowal

ARTICLES

View our published legal articles.

LEGAL NEWS

View summaries of recent cases and tips for trial attorneys.

VIDEO

Video Library

Case Studies

FEDERAL JURY AWARDS $40 MILLION TO TVA'S CLIENT AGAINST TRESPASSING PIPELINE OPERATORS

A jury returned a unanimous verdict requiring Shell Pipeline and Alon to pay TVA's clients $40.6 million in benefits-obtained trespass damages.

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FEDERAL COURT ORDERS SHELL COMPANY TO REMOVE PIPELINE FROM PROPERTY

TVA's clients bought a 138-acre parcel across the street from Meadows Field airport, a property hoped to be the "window to the city"...

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Testimonials

“Tom [Vogele] is one of the people I rely on to help me make decisions about the direction of my business. I consider him a key part of my management team.”

RVCA CORPORATION

Chairman
“I did not get justice at my trial after I was taken advantage of by a lender. I think the judge made up his mind whom he wanted to believe. When Tim took my case up on appeal, he focused the case on the contract. The appeal saved my retirement.”

SUSAN PETERSON

Client
"I would recommend Tom, Tim, and the entire TVA team without reservation. Having worked with law firms of all sizes, I would put the quality and effectiveness of TVA's advocacy up against anyone."

NATHAN MAZUREK

Chairman and CEO, Pioneer Power Solutions, Inc.
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Our Team

Intense commitment to client service

You know what they say about company you keep

Our attorneys are recognized for our in-house attentiveness and large-firm skill set.
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Published Articles

Personal Jurisdiction Unnecessary to Issue Judgment on an Out-of-State Judgment, New Published CA Case Holds

CEB has published my article, “Personal Jurisdiction Unnecessary to Issue Judgment on an Out-of-State Judgment, New Published CA Case Holds.”

The article is about a surprising recent appellate opinion, WV 23 Jumpstart, LLC v. Mynarcik (D3 Nov. 21, 2022) No. C095046, that allowed a Nevada judgment debtor to domesticate a judgment in California—even though the debtor had no contacts with California. And even more surprising, after the Nevada judgment expired, the court allowed the creditor to re-domesticate the judgment back to Nevada.

There are two reasons you should take strong notice of this case, particularly if other states follow this approach:

(1) Judgments accrue interest at different rates depending on state law, so consider domesticating all your judgments in a high-yield jurisdiction—the highest yields are in Massachusetts, Rhode Island, Vermont, and Washington, at 12%.

(2) Judgments lapse after a certain time depending on state law, so consider domesticating all your judgments in a “stay-fresh” jurisdiction—judgments in Delaware, for instance, never expire.

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Settlement Offer Under Section 998 Automatically Expires If Judge Grants Summary Judgment

CEB has published my article, “Settlement Offer Under Section 998 Automatically Expires If Judge Grants Summary Judgment,” originally published here: http://bit.ly/3gCdu6B

The article covers *Trujillo v. City of Los Angeles* (D2d1 Oct. 27, 2022 No. B314042) -- Cal.Rptr.3d -- (2022 WL 15119812), a case about accepting a Code of Civil Procedure section 998 offer of compromise. The court held the acceptance was not valid because, even though it was within the statutory 30 days, the acceptance came after the trial court had already granted summary judgment.

I note several odd things about the decision and the reasoning, including why the court drew the line at oral rulings on summary judgment, but would allow a plaintiff to accept a 998 offer after a tentative ruling.

And as covered on episode 61 of the California Appellate Law Podcast, cases interpreting FRCP 68, the federal analog to section 998, have come out the opposite way.

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Contacts

TVA’s attorneys come to the law from vastly different backgrounds but share a passionate commitment to excellence and professionalism in everything we do for our clients and the legal community.
Orange County
Monterey County
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PHONE

(714) 641-1232

E-MAIL

info@tvalaw.com
THOMAS VOGELE & ASSOCIATES, APC
129 W. Wilson St. 
Suite 200
Costa Mesa, California 92627
(714) 641-1232
TVA Law Logo - go to top of page

PHONE

(714) 641-1232

E-MAIL

info@tvalaw.com
THOMAS VOGELE & ASSOCIATES, APC
60 West Alisal, 
Suite 18
Salinas, California 93901
(831) 272-6676
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