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: Summary Judgment

Trial Judge's Incorrect Ruling on Evidence Leads to Reversal on Appeal

"I have done a lot of appeals," a colleague told me recently discussing how important evidentiary objections were at trial, "and I have never seen a court reverse because of an evidentiary ruling."

Responding to that challenge is Nicholson v. Southern California Edison Co. (D2d7 Jun. 22, 2021) no. B302287 (nonpub. opn.). Injured electricians sued Edison for negligence. The trial court granted summary judgment for Edison by excluding the plaintiffs' testimony.

This was an abuse of discretion. The evidence was based on personal knowledge, and it was relevant to a material fact. Reversed.

The upshot: Do not try to win a summary judgment motion by excluding the opposing party's evidence. Any victory by such means will likely be short-lived.

Read More
Tip When Defending a Judgment on Appeal: Do Not Argue Issues the Appellant Waived

Here is a tip if you are defending a judgment: If appellants fail to raise an issue, do not raise it for them. That is what happened in Foster v. American Marine Svs Group Benefit Plan, 2021 WL 930257 (9th Cir. Mar. 11, 2021). As a result of respondent/appellee's helpful assist in raising the dispositive issue whether an employer's ERISA plan failed to give notice of a lapse in benefits, an issue appellant had failed to raise in her brief, the court was able to reach the issue. Held: summary judgment reversed.

Read More
Objections to Evidence Improper, Summary Judgment Reversed

Before your next summary-judgment motion, be sure to read Sandoval v. County of San Diego (9th Cir. Jan. 13, 2021) No. 18-55289, holding that perfunctory evidentiary objections are disallowed, and summarizing other […]

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Unpublished Opinions (22)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)
Ninth Circuit (7)
Stipulated Judgments (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)
Demurrers (5)
Right to Jury Trial (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)
Class Actions (3)
Writs of Mandamus (CCP 1085) (3)
Forfeiture and Waiver (3)
Personal Jurisdiction (3)
Standards of Evidence (3)
Jury Waivers (3)
Summary Judgment (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)
Appeals Dismissed (2)
Contempt (2)
Remote Arguments (2)
Post Reversal Issues (2)
ADA and Unruh Accessibility Actions (2)
Court Reporters (2)
Clear and Convincing (2)
Persuasion (2)
Judicial Admissions (2)
U.S. Supreme Court (2)
Judicial Bias (2)
Alter Ego (2)
Medical Rights (2)
Stare Decisis (2)
Harmless Error (2)
Trial by Reference and Pro Tem Judges (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)
Inherent Authority (1)
Post-Appellate Issues (1)
Split Decisions (1)
Trial Tips (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Constitutional Litigation (1)
PAGA Attorney Fees (1)
Referral Fees (1)
Third Parties and Nonparties (1)
Motions for Judgment on the Pleadings (1)
Post Reversal (1)
Split of Authority (1)
Ninth CircuitAbuse of Discretion (1)
Forfeiture (1)
Per Se Errors (1)
Attorney Fees - CCP 1021.5 (1)
Issue Selection on Appeal (1)
Typeface (1)
Attorney Feese (1)
DismissalsAppealability and Appealable Orders (1)
PostJudgment Litigation (1)
Typography (1)
Administrative Law (1)
Exhaustion of Remedies (1)
Nonsuit (1)
Product Liability (1)
Covid (1)
Free Exercise (1)
Local Rules (1)
Restraining Orders (1)
Trade Restraints (1)
Attorney Misconduct (1)
Clerks Service of File Stamped Judgment (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Cross-Appeals (1)
Treble Damages (1)
Bankruptcy (1)
Motions to Quash (1)
Precedent (1)
Closing Argument (1)
Notice of Appeal (1)
Property Rights (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Trespass (1)
Benefits Obtained Trespass Damages (1)
Judicial Estoppel (1)
Preclusion (1)
Unsupported Arguments (1)
Family Court (1)
Punitive Damages (1)
Summary Reversal (1)
Memorandum Opinions (1)
Employment Law (1)
Judicial Misconduct (1)
State Civil Procedure Comparison Project (1)
Anecdotes (1)
Law of the Case (1)
Record (1)
Summary Reversals (1)
Erie Problems (1)
Judicial Notice (1)
New Arguments (1)
Common Interest Doctrine (1)
Support Awards (1)
Designating the Record (1)
Inconsistent Verdicts (1)
Settled Statements (1)
Judicial Philosophy (1)
Waived and Forfeiture (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)
Petitionf ro Review (0)
Retainer Agreements (0)
Landlore Tenant (0)
crossmenuchevron-down