Appellate Law

After a hard-fought, high-stakes matter is over, there is a winner and a loser. Because of the expense of litigation, losing parties frequently turn to appellate lawyers to reverse or lessen the impact of the loss. Likewise, winning parties engage appellate lawyers to keep what they fought to obtain. Although there is a significant appellate practice in criminal law, the firm practices only civil appellate law in the same general areas in which it takes matters to trial.

An “appeal” is from a final judgment in the trial court — the trial court’s “last” word on the subject. The only recourse for the prevailing party is an appeal, which is decided according to facts and to the law. The law is governed by prior precedent and by “standards of review.” Overturning a trial court decision is difficult but not impossible to. Appellate procedures are different from those in a trial court, and only skilled appellate lawyers should handle matters past the trial stage.

In addition, appellate practice includes “writs.” In general a writ is an attempt to have the court of appeal reverse or alter a ruling while a trial is going on. A party may see the significance of a negative ruling to their overall case and seek to have it reversed without waiting until the very end. Our lawyers have extensive practice experience in writ procedures, which require the capacity to respond rapidly.

When called upon to provide appellate services, we review the following types of information drawn from the trial court:

Are there discrete issues raised in the lower court that show “error” by the appropriate legal standard? That is, did the trial court make mistakes that we can argue should change the result? Many complex standards apply to this evaluation.
Selection of the primary issues to be raised and research to be conducted. Too frequently we see appeals being raised on every conceivable mistake or issue. A focused approach on the important issues likely to catch the court of appeal’s attention is far more effective.
Drafting a well-reasoned, comprehensive brief demonstrating depth of knowledge not only about the law but also the facts of the case.
Preparing in depth for oral argument before the court of appeal, either the typical three justice panel, or before the entire court.

We have been successful in our appellate practice with many published opinions involving firm attorneys in a wide variety of areas, including contracts, business torts and disputes, environmental issues, employment, real estate, and procedural issues.

The following is a representative list of appellate opinions in which firm attorneys have been involved:

Fasuyi v. Permatex, Inc., 167 Cal. App. 4th 681 (2008)
Thomas A. Bockrath v. Aldrich Chemical Co., Inc., et al. (1999)
86 Cal. Rptr. 2d 846

Jose Hernandez v. The Superior Court; (2003)
112 Cal.App.4th 285, 4 Cal.Rptr.3d 883

Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman, 65 Cal. App. 4th 1469 (1998)

McKinney v. California Portland Cement Co., 96 Cal. App. 4th 1214 (2002)

Poole & Shaffery has Offices in Los Angeles, Valencia, and Lancaster Serving the Following Cities:
Los Angeles, Beverly Hills, West Hollywood, Marina Del Rey, Santa Monica, Glendale, South Pasadena, Montrose, La Canada, Pasadena, Bell, Bell Gardens, San Gabriel, Alhambra, Arcadia, Monterey Park , Santa Clarita, Castaic, Val Verde, Piru, Palmdale, Lancaster, Thousand Oaks, San Fernando, Sylmar, Simi Valley, Calabasas, Agoura Hills, Westlake Village, Oakland, San Francisco, Sacramento, Bakersfield, Ventura, Oxnard, Santa Barbara and many more.