Jeff and Tim discuss some recent cases to add to your attorney toolkit:
- For personal injury attorneys, a recent civil-criminal crossover case dealing with victims’ right to restitution warns: the right to restitution is not waived unless the criminal case is over or the DA signs off. (People v. Nonaka, (Sep. 30, 2022, 2d Crim. B313848).)
- Quashing a subpoena based on free speech gives a right to attorney fees. But caution: the court regarded the fees as purely mercenary in this case, and denied them. (Doe v. McLaughlin (Sep. 21, 2022, A161534).)
- No, Zoom trials are not a substitute for real trials — not unless the Legislature says so before July 1, 2023. (Tim’s post on Rycz v. Sup. Ct. is here.)
- Beware dismissing appeals, because they’re almost always “with prejudice.” (Tim’s post on Bush v. Cardinale is here.)
- How to lose your appeal by flubbing the Rule 8.108 appeal extensions. (Tim’s post on Sharma v. Toyota Motor Sales USA, Inc. is here.)
We also discuss the Onion’s amicus brief in the US Supreme Court, and the California Supreme Court’s order declining to review whether bees are fish (but which the media interpreted as affirming that bees are, indeed, fish).
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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 a newsletter of appellate tips for trial attorneys at www.tvalaw.com/articles. Contact Tim at email@example.com or (714) 641-1232.
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