TVA Law
132 FOLLOWERS
California 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 trial lawyers get an edge in their cases and appeals.
TVA Law
10M ago
❔I think the judges want to see the quote exactly as it appeared. Answer: That’s not even a question. And no one is forcing you to use (cleaned up ..read more
TVA Law
11M ago
All members of the public are welcomed and encouraged to contact any of the 11 members of the Bias Prevention Committee: Chair J. Martin Jenkins; J. Helen Bendix; J. Stacie Bouleware Eurie; J. Do; J. Carin Fujisaki; J. Cynthia Lie; J. Rosendo Pena; 2d DCA XO Eva McClintock; DAG Amit Kurlekar; DAG Charles Ragland; Central CAP Exec Director Laurel Thorpe; Private Attorneys: Charles Sevilla, Ben Shatz, Rasha Gerges Shields, Rupa Singh ..read more
TVA Law
11M ago
My comment: It should make you nervous when courts are wishy-washy on appealability. Once the cases suggest an order might be appealable, you need to assume they are definitely appealable, because they’re treated as jurisdictional ..read more
TVA Law
11M ago
?Look out, UC Berkeley: The “Berkeley Library” naming has been canceled by Ireland’s premier university, Trinity College. A NY Times piece on the change noted that the library’s namesake “owned slaves in colonial Rhode Island and wrote pamphlets supportive of slavery.” Unless you are prepared to yield everything, yield nothing ..read more
TVA Law
11M ago
Comment: There is a key detail that, if changed, would require a different outcome. That detail is the amount of the discovery sanction of $3,635. If instead the amount was greater than $5,000, the sanction would have been immediately appealable. And in that case, the order could not have been stayed consistent with section 918 longer than 10 days after the deadline to appeal ..read more
TVA Law
11M ago
Takeaway: If you are appealing from a preliminary injunction, consider also file a petition for a writ of mandate. Otherwise, you might go through two years of briefing only to find your appeal is moot ..read more
TVA Law
11M ago
In this clip from episode 74, we discuss why a statement of decision is important, when to request one, how some judges might actually try to trick parties into not requesting a statement of decision, and when you might not want to request one ..read more
TVA Law
11M ago
So what was the appealable order? Trick question: neither the order sustaining the demurrer was appealable, nor the dismissal, but both combined ..read more