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: Splits of Authority

Is a Summary Denial of a Writ Petition Binding Precedent? Spitting from Authority, Second District Says Yes in Reversing Judgment

Warning: Slight Obscure Appellate Procedural Questions Ahead
Litigants sometimes file writ petitions in the Court of Appeal to seek review of grievous but nonappealable orders that come down prior to a judgment. If the writ petition is summarily denied (as they usually are), you may need to be prepared to argue that the denial has precedential effect in your case. Or, you may need to be prepared to argue that, no, in fact, it doesn't.

The recent decision in Ventura Cnty. Deputy Sheriffs' Ass'n v. Cnty. of Ventura (D2d6 Mar. 3, 2021) No. B300006, on the one hand, and prior cases on the other hand, should give you a start on either side of that split.

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Court Dismisses Two Appeals in One Case: One as Moot, One as Premature

This recent opinion discusses two appeals, both of them dismissed on procedural grounds. The first appeal was dismissed as moot because the appellant failed to obtain a stay of the […]

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Split of Authority on Appealability of Post-Reversal Fee Orders

If you find yourself back in the trial court after a remand by the Court of Appeal, things are supposed to be much the same as before. Yet sometimes, things are […]

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Appellate Sniping Over Allegedly Discriminatory Peremptory Challenge of Prospective Juror

Recently on the California Appellate Law Podcast, we covered AB 3070, which imposes new procedures when making a peremptory challenge of a juror, including providing a valid reason for the challenge […]

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Frivolous SLAPP Motions, and a Split of Authority on Costs Following Voluntary Dismissals

A recent unpublished decision sets up three good lessons: (1) SLAPPing based on plaintiff's subjective intent to chill protected conduct is meritless and sanctionable; (2) but sanctions are not available on appeal […]

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Cal. Courts Split on Whether 998 Offers Apply in Employment Cases

If you are making or considering a CCP 998 offer in an employment case, note the current split of authority. In some cases, an employee making an unsuccessful overtime claim […]

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Music Festival Liable for Foreseeable Harm at Festival -- Are Dodgers Liable for Foreseeable Violence Following Series Win?

An event operator may be liable when an event attendee dies after engaging in foreseeable illegal activity at the event -- overdosing on illegal drugs. So holds the Second Appellate […]

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