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: Out-of-State Litigant

Out-of-State Litigant Did Not Waive Personal Jurisdiction, Family Court Order Reversed

There are a few curious turns in Marriage of Sellers (D2d6 Mar. 25, 2021) 2021 WL 1134891, No. B306844 (unpublished). While unpublished, it provides a good roadmap – with citable authority – to making a limited appearance on behalf of an out-of-state litigant without waiving jurisdictional challenges.

And if one is inclined toward a cynical view about appellate courts' selective treatment of appealability issues as "jurisdictional," it furnishes some confirmation of that, too.

Read More

Tags

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Unpublished Opinions (22)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