Legal News and Appellate Tips

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.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Invited Error

Can You Waive or Stipulate to Standing Defects? Court of Appeal Says Yes

When a party lacks standing – a legal interest in a case – that is a jurisdictional defect. Jurisdictional defects are fatal, and cannot be waived, or stipulated to.
But not in Silva v. Humboldt Cnty. (D1d1 Mar. 11, 2021) no. A160161. The First District concluded the county waived any standing defects by stipulating to petitioner's standing.

But I am not so sure about this. Standing is a jurisdictional requirement. And when dealing with a jurisdictional objection the party cannot waive it, or stipulate to it, or otherwise be bilked out of it by those nice appellate doctrines routinely trotted out to affirm a judgment.

Nonetheless, the result is otherwise correct, so: Affirmed.

Read More
Judgment on Section 998 Agreement Vacated Because Offer Did Not Contain Signature Line for Acceptance

In a hyper-formalistic holding in Mostafavi Law Group, APC v. Larry Rabineau, APC (D2d4 Mar. 3, 2021) No. B302344 (published), a judgment entered on an agreement under Code of Civil Procedure section 998 was vacated because the defendant's 998 offer did not include a signature line for the plaintiff to sign, even though the plaintiff signed it anyway. In a case of first impression, the Second District affirmed, holding a judgment may not be entered on a section 998 agreement in which the offer does not provide an acceptance provision.

I find this a very bizarre case. I would not be surprised if other District Courts of Appeal declined to follow it.

Read More

Tags

Podcast (85)
Videos (73)
Appealability and Appealable Orders (27)
Abuse of Discretion (23)
Legal Writing (21)
Notices of Appeal (18)
Statements of Decision (17)
Waiver and Forfeiture (16)
Unpublished Opinions (16)
Stays on Appeal (16)
Splits of Authority (15)
Mischief (15)
Attorney Fees (14)
Arbitration (14)
Dismissals (14)
Anti-SLAPP (13)
Dissents (12)
Briefing (12)
Family Law (11)
Record on Appeal (11)
New Trial Motions (11)
Mootness (10)
Timeliness (10)
Sanctions (9)
Appellate Sanctions (9)
Civility (9)
Judgment Enforcement (9)
Oral Argument (9)
California Supreme Court (9)
Preliminary Injunctions (9)
Evidentiary Objections (9)
Collateral Orders (9)
Federal Courts (9)
Motions for Reconsideration (8)
Exclusion of Evidence (8)
Timely and Untimely Appeals (8)
Jurisdiction (8)
Implied Findings (8)
Appealability (8)
Dismissed Appeals (8)
Experts (8)
Trial Strategy (8)
CCP 998 Offers (7)
Summary Judgments and Summary Adjudications (7)
Respondent Arguments (7)
Ninth Circuit (7)
Writ Petitions (7)
Trial Procedure (7)
Probate Appeals (7)
Disqualification (6)
Appellate Bonds (6)
Admission of Improper Evidence (6)
Standards of Review (6)
Appellate Practice (6)
Discovery (6)
Substantial Evidence (6)
Stipulated Judgments (6)
Settlements (6)
Posttrial Motions (5)
Default Judgments (5)
Ethical Duty of Candor (5)
Standing (5)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (5)
Notices of Entry (4)
Depublished Opinions (4)
Motions to Vacate and Set Aside Judgments (4)
Excessive Damages (4)
Trust and Probate (4)
Appeals Treated as Writs (4)
Motions in Limine (4)
Disentitlement Doctrine (4)
Frivolous Motions (3)
Juror Peremptory Challenges (3)
Petitions for Review (3)
Jury Waivers (3)
Summary Judgments (3)
Expert Opinions (3)
Motions to Dismiss (3)
Summary Judgment (3)
Appealable Orders (3)
Mediation (3)
Stays (3)
Demurrers (3)
Motions to Vacate (3)
Amicus Briefs (3)
Trial Irregularities and Structural Errors (3)
Right to Jury Trial (3)
Judicial Admissions (2)
Legal Ethics and Professional Responsibility (2)
Trial by Reference and Pro Tem Judges (2)
Law and Motion (2)
Contempt (2)
Attorney Client Privilege (2)
Forfeiture and Waiver (2)
PAGA Actions (2)
Remote Arguments (2)
Litigation Tips (2)
Recovery of Costs (2)
Standards of Evidence (2)
Personal Jurisdiction (2)
ADA and Unruh Accessibility Actions (2)
Tentative Rulings (2)
Landlord Tenant (2)
Judicial Bias (2)
Prejudicial Error (2)
Appeals Dismissed (2)
Invited Error (2)
Waiver (2)
Untimeliness (2)
Legal Practice (2)
Finality and Final Orders (2)
Pretrial Procedure (2)
Federal Appeals (2)
Alter Ego (2)
Post Reversal Issues (2)
Pretrial Issues (2)
Class Actions (2)
Comments (2)
Medical Rights (2)
Premature Appeals (2)
Legal Tech (2)
Civil Theft (1)
Treble Damages (1)
Frivolous Appeals (1)
Post-Appellate Issues (1)
Referral Fees (1)
PAGA Attorney Fees (1)
Issue Selection on Appeal (1)
Attorney Feese (1)
Employment Law (1)
Common Interest Doctrine (1)
Premises Liability (1)
Juror Misconduct (1)
Product Liability (1)
Clear and Convincing (1)
Clerks Service of File Stamped Judgment (1)
Designating the Record (1)
Trade Restraints (1)
Civil Code 3334 (1)
Benefits Obtained Trespass Damages (1)
Trespass (1)
Property Rights (1)
Inherent Authority (1)
Support Awards (1)
Forfeiture (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Petitions for Rehearing (1)
Judicial Notice (1)
Post Reversal (1)
Moot Appeals (1)
Appellate Briefing (1)
Pleadings (1)
Attorney Fees - CCP 1021.5 (1)
Judicial Estoppel (1)
Harmless Error (1)
Record Designation (1)
Typeface (1)
Typography (1)
Jury Instructions (1)
Precedent (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
Out-of-State Litigant (1)
Family Court (1)
Split Decisions (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Petitionf ro Review (1)
DismissalsAppealability and Appealable Orders (1)
Motions to Quash (1)
Motions for Judgment on the Pleadings (1)
Consenting to Judgments (1)
Law of the Case (1)
Record (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
New Trial (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Restraining Orders (1)
Summary Reversal (1)
Judicial Misconduct (1)
Stipulated Reversals (1)
Constitutional Litigation (1)
Constitutional Law (1)
Mistrials (1)
Administrative Law (1)
Podcasts (1)
Writs of Mandamus (CCP 1085) (1)
Nonsuit (1)
Closing Argument (1)
Stare Decisis (1)
Settled Statements (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Retainer Agreements (0)
Professional Ethics (0)
Appellate (0)
Notice of Appeal (0)
Landlore Tenant (0)
Split of Authority (0)
No categories Legal Writing (0)
crossmenuchevron-down