Recent Case Tips on Expert Objections, and Strategy on MSJ & SLAPP Hearings

Gearing up for trial with experts? You’re ready with your Sargon and Sanchez objections. But don’t forget Kelly: if the expert’s opinion is outside the consensus, that’s not a Sargon objection—you have to be ready with a People v. Kelly objection.

Filing an MSJ? If the court sets your hearing after your trial date, you’re entitled to get it advanced—or to have your trial continued. (Might be a backdoor strategy to continuing trial dates.)

And a trial court abused its discretion in hearing a SLAPP motion before a restraining-order motion. The SLAPP ruling meant the case was stayed and the restraining-order issue couldn’t be heard. That’s not right. Trial courts need to make sure those issues are heard with or before SLAPP motions.

Also:

  • Is allowing a juror to view the trial remotely a “structural error” reversible per se?
  • Are vexatious-litigation determinations appealable as injunctions?
  • Are city council appointees entitled to more First Amendment protections if appointed by a majority of the council rather than a single councilmember?

Appellate Specialist Jeff Lewis' biographyLinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biographyLinkedIn profileTwitter feed, and YouTube page.

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Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com, and publishes summaries of cases and appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at tkowal@tvalaw.com or (714) 641-1232.

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