How a Motion to Strike Changed California Law

Timothy Kowal, Esq.
October 5, 2021

Orange County Deputy District Attorney Kelly Ernby won a landmark California Supreme Court decision in Abbott Laboratories v. Superior Court. She tells Jeff Lewis and me that it came about when, surprisingly, the pharmaceutical company defendant — not the DA — suggested the possibility of statewide enforcement by individual county district attorneys.

After a loss in the Court of Appeal and opposition from the California Attorney General and (surprisingly) the Association of District Attorneys, Ernby nonetheless prevailed in the Supreme Court.

Watch the clip here.

This clip is from the California Appellate Law Podcast episode 16, available here.

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at, and publishes a newsletter of appellate tips for trial attorneys at His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at or (714) 641-1232.