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: Mischief

"Related"​ Appealable Orders May Be Reviewed Even If Appellant Fails to Appeal Them

One reason I like to read unpublished opinions is they are a little bit less guarded in their analyses. Even if the outcomes would not be different had the opinion been published, the courts sometimes offer analyses that seem somewhat unusual, or incomplete, and these can give a glimpse into how the justices and their research attorneys are struggling through the issues in the case.

I got this impression reading San Felipe Farms L.P. v. LLY Ranch (D4d3 Jul. 8, 2021) no. G060126. It involves an appeal that seems clearly moot, and from an order that seems clearly nonappealable. But the court for some reason did not want to dismiss the appeal on either of those grounds – and in so doing suggests a possible loophole in the appealability doctrine that may be larger than typically advertised.

The court also noted the appellant had put its toes right on the line of its duty of candor.

Read More

Tags

Podcast (129)
Videos (110)
Appealability and Appealable Orders (40)
Anti-SLAPP (29)
Legal Writing (29)
Oral Argument (26)
Mischief (25)
Statements of Decision (25)
Abuse of Discretion (24)
Record on Appeal (23)
Splits of Authority (23)
Unpublished Opinions (22)
Waiver and Forfeiture (22)
Stays on Appeal (22)
Timely and Untimely Appeals (22)
California Supreme Court (21)
Notices of Appeal (21)
Judgment Enforcement (20)
Arbitration (19)
Attorney Fees (18)
Briefing (18)
Sanctions (16)
Trial Strategy (16)
Dismissals (15)
Evidentiary Objections (14)
Dissents (13)
Summary Judgments and Summary Adjudications (13)
Preliminary Injunctions (13)
Appellate Sanctions (13)
Collateral Orders (13)
Writ Petitions (13)
Jurisdiction (12)
Dismissed Appeals (12)
New Trial Motions (12)
Mootness (12)
Timeliness (12)
Civility (12)
Exclusion of Evidence (12)
CCP 998 Offers (11)
Federal Courts (11)
Experts (11)
Posttrial Motions (11)
Family Law (11)
Trial Procedure (11)
Standards of Review (10)
Implied Findings (10)
Motions for Reconsideration (10)
Appellate Briefing (9)
Admission of Improper Evidence (9)
Respondent Arguments (8)
Settlements (8)
Disqualification (8)
Appealability (8)
Default Judgments (7)
Federal Appeals (7)
Ninth Circuit (7)
Trial Irregularities and Structural Errors (7)
Probate Appeals (7)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (7)
Appellate Bonds (7)
Stipulated Judgments (7)
Discovery (7)
Appellate Practice (7)
Pretrial Procedure (7)
Mediation (6)
Ethical Duty of Candor (6)
Disentitlement Doctrine (6)
Substantial Evidence (6)
Petitions for Review (6)
Litigation Tips (6)
Depublished Opinions (6)
Notices of Entry (5)
Trust and Probate (5)
Motions to Vacate and Set Aside Judgments (5)
Summary Judgments (5)
Standing (5)
Demurrers (5)
Excessive Damages (5)
Legal Ethics and Professional Responsibility (5)
Right to Jury Trial (5)
Appeals Treated as Writs (4)
Motions in Limine (4)
Stipulated Reversals (4)
Tentative Rulings (4)
Expert Opinions (4)
Motions to Dismiss (4)
Motions to Vacate (4)
Frivolous Motions (4)
Jury Instructions (4)
Appealable Orders (4)
Prejudicial Error (4)
Frivolous Appeals (3)
Law and Motion (3)
Stays (3)
Writs of Mandamus (CCP 1085) (3)
Juror Peremptory Challenges (3)
Tentative Opinions and Focus Letters (3)
Legal Tech (3)
Recovery of Costs (3)
Summary Judgment (3)
Legal Practice (3)
Standards of Evidence (3)
Amicus Briefs (3)
Class Actions (3)
Forfeiture and Waiver (3)
Jury Waivers (3)
Landlord Tenant (3)
Personal Jurisdiction (3)
Constitutional Law (3)
Pretrial Issues (3)
Court Reporters (2)
Appeals Dismissed (2)
Mistrials (2)
New Trial (2)
Persuasion (2)
Post Reversal Issues (2)
Alter Ego (2)
U.S. Supreme Court (2)
Waiver (2)
Medical Rights (2)
Podcasts (2)
Untimeliness (2)
Premature Appeals (2)
Finality and Final Orders (2)
Comments (2)
Stare Decisis (2)
Invited Error (2)
Pleadings (2)
Attorney Client Privilege (2)
Remote Arguments (2)
ADA and Unruh Accessibility Actions (2)
PAGA Actions (2)
Judicial Admissions (2)
Judicial Bias (2)
Civil Theft (2)
Contempt (2)
Record Designation (2)
Harmless Error (2)
Trial by Reference and Pro Tem Judges (2)
Clear and Convincing (2)
Notice of Appeal (1)
Attorney Feese (1)
Judicial Misconduct (1)
Constitutional Litigation (1)
Summary Reversal (1)
Employment Law (1)
Restraining Orders (1)
Premises Liability (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Common Interest Doctrine (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Issue Selection on Appeal (1)
Administrative Law (1)
Anecdotes (1)
Art of Persuasion (1)
Cross-Appeals (1)
Summary Reversals (1)
Treble Damages (1)
Trial Tips (1)
Legal News (1)
Erie Problems (1)
Memorandum Opinions (1)
Judicial Philosophy (1)
Free Exercise (1)
PAGA Attorney Fees (1)
Referral Fees (1)
Nonsuit (1)
Closing Argument (1)
Post-Appellate Issues (1)
Settled Statements (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Preclusion (1)
Covid (1)
State Civil Procedure Comparison Project (1)
Typography (1)
Split of Authority (1)
Judicial Notice (1)
Petitions for Rehearing (1)
Split Decisions (1)
Unsupported Arguments (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Post Reversal (1)
Family Court (1)
Out-of-State Litigant (1)
Typeface (1)
Judicial Estoppel (1)
Attorney Fees - CCP 1021.5 (1)
Precedent (1)
Moot Appeals (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
PostJudgment Litigation (1)
Forfeiture (1)
DismissalsAppealability and Appealable Orders (1)
Trade Restraints (1)
Law of the Case (1)
Record (1)
Designating the Record (1)
Clerks Service of File Stamped Judgment (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
Product Liability (1)
Civil Code 3334 (1)
Consenting to Judgments (1)
Juror Misconduct (1)
Support Awards (1)
Motions to Quash (1)
Inherent Authority (1)
Motions for Judgment on the Pleadings (1)
Property Rights (1)
Trespass (1)
Benefits Obtained Trespass Damages (1)
Landlore Tenant (0)
Retainer Agreements (0)
Professional Ethics (0)
No categories Legal Writing (0)
Petitionf ro Review (0)
Appellate (0)
crossmenuchevron-downThe owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.