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 (117)
Videos (100)
Appealability and Appealable Orders (37)
Legal Writing (29)
Anti-SLAPP (27)
Abuse of Discretion (24)
Mischief (24)
Splits of Authority (23)
Unpublished Opinions (22)
Statements of Decision (21)
Notices of Appeal (20)
Waiver and Forfeiture (20)
Stays on Appeal (20)
California Supreme Court (20)
Judgment Enforcement (18)
Oral Argument (18)
Timely and Untimely Appeals (18)
Arbitration (18)
Attorney Fees (17)
Record on Appeal (17)
Trial Strategy (15)
Dismissals (14)
Sanctions (14)
Briefing (14)
Evidentiary Objections (14)
Writ Petitions (13)
Dissents (13)
Appellate Sanctions (13)
Summary Judgments and Summary Adjudications (13)
Civility (12)
Dismissed Appeals (12)
Preliminary Injunctions (12)
Timeliness (12)
Collateral Orders (12)
Jurisdiction (12)
Exclusion of Evidence (12)
Experts (11)
Family Law (11)
New Trial Motions (11)
Mootness (11)
CCP 998 Offers (11)
Trial Procedure (10)
Federal Courts (10)
Motions for Reconsideration (10)
Posttrial Motions (10)
Admission of Improper Evidence (9)
Implied Findings (9)
Settlements (8)
Standards of Review (8)
Appealability (8)
Disqualification (7)
Default Judgments (7)
Stipulated Judgments (7)
Appellate Bonds (7)
Ninth Circuit (7)
Pretrial Procedure (7)
Probate Appeals (7)
Respondent Arguments (7)
Mediation (6)
Petitions for Review (6)
Appellate Briefing (6)
Depublished Opinions (6)
Ethical Duty of Candor (6)
Substantial Evidence (6)
Appellate Practice (6)
Discovery (6)
Litigation Tips (6)
Trial Irregularities and Structural Errors (6)
Motions to Vacate and Set Aside Judgments (5)
Notices of Entry (5)
Federal Appeals (5)
Legal Ethics and Professional Responsibility (5)
Summary Judgments (5)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (5)
Excessive Damages (5)
Standing (5)
Appealable Orders (4)
Right to Jury Trial (4)
Motions to Vacate (4)
Expert Opinions (4)
Tentative Rulings (4)
Appeals Treated as Writs (4)
Frivolous Motions (4)
Trust and Probate (4)
Demurrers (4)
Motions in Limine (4)
Disentitlement Doctrine (4)
Jury Waivers (3)
Prejudicial Error (3)
Landlord Tenant (3)
Frivolous Appeals (3)
Stays (3)
Law and Motion (3)
Recovery of Costs (3)
Pretrial Issues (3)
Amicus Briefs (3)
Summary Judgment (3)
Legal Tech (3)
Personal Jurisdiction (3)
Juror Peremptory Challenges (3)
Motions to Dismiss (3)
Jury Instructions (3)
Stare Decisis (2)
Contempt (2)
Judicial Admissions (2)
Waiver (2)
Class Actions (2)
Appeals Dismissed (2)
Medical Rights (2)
Pleadings (2)
Judicial Bias (2)
ADA and Unruh Accessibility Actions (2)
Record Designation (2)
Premature Appeals (2)
Harmless Error (2)
Podcasts (2)
Stipulated Reversals (2)
Alter Ego (2)
PAGA Actions (2)
Comments (2)
Legal Practice (2)
Remote Arguments (2)
Post Reversal Issues (2)
Finality and Final Orders (2)
Standards of Evidence (2)
Invited Error (2)
Untimeliness (2)
Constitutional Law (2)
Trial by Reference and Pro Tem Judges (2)
Attorney Client Privilege (2)
Civil Theft (2)
Forfeiture and Waiver (2)
Motions to Quash (1)
Preclusion (1)
Waived and Forfeiture (1)
Exhaustion of Remedies (1)
Notice of Appeal (1)
Punitive Damages (1)
Support Awards (1)
Free Exercise (1)
Attorney Fees - CCP 1021.5 (1)
DismissalsAppealability and Appealable Orders (1)
Record (1)
Tentative Opinions and Focus Letters (1)
Court Reporters (1)
Attorney Feese (1)
Clear and Convincing (1)
Covid (1)
Settled Statements (1)
Attorney Misconduct (1)
Judicial Estoppel (1)
New Arguments (1)
Administrative Law (1)
Clerks Service of File Stamped Judgment (1)
Family Court (1)
Third Parties and Nonparties (1)
Mistrials (1)
Typeface (1)
Bankruptcy (1)
Judicial Misconduct (1)
New Trial (1)
Premises Liability (1)
Writs of Mandamus (CCP 1085) (1)
Closing Argument (1)
Law of the Case (1)
Out-of-State Litigant (1)
Moot Appeals (1)
Post-Appellate Issues (1)
Split Decisions (1)
Typography (1)
Benefits Obtained Trespass Damages (1)
Employment Law (1)
Judicial Notice (1)
Referral Fees (1)
Inconsistent Verdicts (1)
Post Reversal (1)
Split of Authority (1)
U.S. Supreme Court (1)
Judicial Philosophy (1)
PAGA Attorney Fees (1)
Trade Restraints (1)
Designating the Record (1)
Incorrect Decisions (1)
Motions for Judgment on the Pleadings (1)
Ninth CircuitAbuse of Discretion (1)
Anecdotes (1)
Common Interest Doctrine (1)
Per Se Errors (1)
Treble Damages (1)
Dicta (1)
Inherent Authority (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Evidentiary Presumptions (1)
Juror Misconduct (1)
Product Liability (1)
Consenting to Judgments (1)
Restraining Orders (1)
Trespass (1)
Civil Code 3334 (1)
Nonsuit (1)
Forfeiture (1)
Issue Selection on Appeal (1)
Precedent (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Property Rights (1)
Summary Reversal (1)
Constitutional Litigation (1)
Local Rules (1)
Petitions for Rehearing (1)
Review as Writ Petition (1)
Landlore Tenant (0)
Appellate (0)
No categories Legal Writing (0)
Professional Ethics (0)
Petitionf ro Review (0)
Retainer Agreements (0)
crossmenuchevron-down