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.

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Tag: Notices of Appeal

Appeal Held Improper Following Motion to Vacate Prejudgment Orders

In this wage-and-hour action in Zhang v. Shao (D4d3 Apr. 1, 2021) no. G058045, the defendant employer made a number of procedural missteps, resulting in plaintiffs' obtaining summary judgment. Before appealing, employers tried to undo the damage in the trial court. But they bungled that, too. They filed a motion to vacate the order granting summary judgment. By the time the trial court ruled on employers' motion, it was more than 60 days later. Too late to appeal the judgment.

Some cautionary lessons from this opinion:
* Beware Using the Judicial Council Form Notice of Appeal
* Beware When Appealing Orders Other Than the Judgment Itself
* Beware Late Settlements of Appeals

Also: The court inartfully states the law re what is required in a notice of appeal.

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Appellate Court Rejects Covid Excuses for Appeal Filed One Day Late

I previously reported a case suggesting that a legitimate Covid excuse might afford some relief from the otherwise strict deadline to file a notice of appeal. Yesterday, however, another case rejected just such a argument.
The recent case is Yuzon v. Contra Costa County Comm. Coll. Dist. (D1d2 Mar. 29, 2021) no. A161834 (unpublished). Appellant there filed his appeal just one day late. He noted the trial court was closed due to Covid. So was his attorney's office. But the Court was unsympathetic.
Appeal dismissed.

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Notice of Appeal Defective? All Is Not Lost (Maybe)

Take care in drafting your notice of appeal, but if you notice you have made an error, all is not lost. The California Supreme Court's January 2020 opinion in K.J. v. […]

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Checking the Wrong Box on Your Notice of Appeal May Result in Dismissal

Two recent cases caution litigants to take special care when preparing a notice of appeal. Though unpublished, these cases give insight into how appellate courts analyze your notices of appeal. […]

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Cal Appellate News for Lawyers (Sept. 10, 2020)

TVA appellate attorney Tim Kowal publishes this weekly update of legal news for trial attorneys. In this edition: extended CA jurisdiction over out-of-state retailers, ADA liability over online-only businesses, courtroom pandemic changes, and pitfalls on new-trial motions.

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