Appeals

Next Level Lawyering

The appeal process can be confounding for the uninitiated. Let our seasoned appellate attorneys guide you. Our firm has successfully prosecuted and defended appeals in federal and state courts, including all the way up to the California Supreme Court. Whether you’re defending a righteous decision against an opponent who won’t take no for an answer or seeking to reverse a trial court’s legal error, our team is here to find the best course of action and vindicate your rights at the next level.

Proven Track-Record of Success

Whether challenging or defending trial court decisions in cases where our firm served as trial counsel or serving as appellate counsel for a client represented by another firm in the trial court, the following is a list of representative appeals the firm has successfully handled:

Gantner v. PG&E Corporation, 26 F.4th 1085 (9th Cir. 2022) (following grant of motion to dismiss in putative consumer class action, certifying question of state law to the Supreme Court of California as urged by Plaintiff/Appellant client; matter pending).

Raines v. U.S. Healthworks Med. Grp. 28 F.4th 968 (9th Cir. 2022) (following grant of motion to dismiss in putative employment discrimination class action under California Fair Employment and Housing Act (FEHA), certifying question of state law to the Supreme Court of California as urged by Plaintiffs/Appellants clients; matter pending).

Jarboe v. Hanlees Auto Group  53 Cal. App. 5th 539, review denied (Dec. 9, 2020) —(prevailing on appeal in putative wage and hour class and representative PAGA action; affirming denial of motion to compel arbitration for individual and class claims against non-signatories to mandatory arbitration agreement and holding that trial court did not abuse its discretion in denying stay of PAGA claim pending arbitration of individual claims against signatory).

Swain v. LaserAway Med. Grp., Inc., 57 Cal. App. 5th 59 (2020), as modified (Nov. 3, 2020) (prevailing on appeal in consumer case; affirming denial of motion to compel arbitration because mandatory arbitration agreement was procedurally and substantively unconscionable).

Samsky v. State Farm Mut. Auto. Ins. Co., 37 Cal. App. 5th 517, 519 (2019), as modified on denial of reh'g (July 23, 2019), review denied (Sept. 11, 2019) (prevailing on appeal in personal injury matter; reversing decision to deny plaintiff’s post-trial motion for an award of costs of proving matters defendant insurance company denied in requests for admission; matter later settled).

Parker v. Willmark Communities, Inc., No. D069466, 2017 WL 4707398 (Cal. Ct. App. Oct. 20, 2017) (prevailing on appeal on behalf of putative class of apartment complex tenants; dismissing apartment owner’s appeal of interlocutory order enjoining improper settlement communications with putative class members and holding that such an order is non-appealable).

Faith No More v. Manifesto Records, Inc., No. B271323, 2017 WL 1231387 (Cal. Ct. App. Apr. 4, 2017) (prevailing on appeal in music industry intentional interference with contractual relations matter; affirming denial of record company’s anti-SLAPP motion and finding that band’s claims were not preempted by the Copyright Act and that the band satisfied its burden to show a probability of prevailing).

Mendler v. Winterland Production, LTD, 207 F.3d 1119 (9th Cir. 2000) (prevailing on appeal in copyright infringement matter; reversing and remanding copyright infringement judgment in favor of defendant, finding infringement and remanding for determination of damages in client’s favor).

Our Approach

Our Trial Court Experience Informs our Appellate Advocacy

As experienced litigators themselves, our appellate attorneys know what it takes to try a case and the importance of preserving issues for appeal. Our understanding of trial court practice helps our appellate attorneys understand the ins and outs of the underlying issues, what factors influenced the trial court to reach the decision it did and can explain the propriety or impropriety (as the case may be) of the trial court’s ruling to the appropriate appellate court.

Thorough Case Evaluation

Every appeal is unique. We invest significant time and effort in analyzing and understanding the intricacies of the case on appeal. Our attorneys carefully review trial records, evidence, and legal arguments presented during the trial court proceedings to identify appealable orders and legal issues. This comprehensive evaluation ensures that we provide our clients with the most informed and strategic appellate representation.

Strategic Briefing

Writing persuasive appellate briefs is perhaps the most important part of appellate practice. While appellate courts hear oral arguments, often times decisions are made before counsel steps in the courtroom (or opens the Zoom link). Our attorneys possess exceptional legal writing and research skills. We meticulously craft well-reasoned briefs, presenting our clients’ cases in the most persuasive way possible and sculpt our briefs to succinctly convince the court that our legal position is the right one.

Effective Oral Advocacy

While recognizing the importance of legal research and writing, our appellate attorneys understand that oral advocacy can turn the tide in a close case. Our appellate attorneys artfully combine their knowledge of the law and the relevant factual details with persuasive rhetoric to convince appellate courts that our clients’ position is the right one. Our attorneys are skilled at communicating complex legal arguments clearly and concisely, ensuring that the judges and justices understand and appreciate the subtleties of our client’s case. Below you can watch our appellate attorneys in action at oral argument:

Firm partner Randy Erlewine argues the case Raines v. U.S. Healthworks Med. Grp. 28 F.4th 968 (9th Cir. 2022) before the California Supreme Court. (following grant of motion to dismiss in putative employment discrimination class action under California Fair Employment and Housing Act (FEHA), certifying question of state law to the Supreme Court of California as urged by Plaintiffs/Appellants clients; matter pending).

Firm partner Nicholas Carlin argues the case Gantner v. PG&E Corporation, 26 F.4th 1085 (9th Cir. 2022) before the Ninth Circuit Court of Appeals. (following grant of motion to dismiss in putative consumer class action, certifying question of state law to the Supreme Court of California as urged by Plaintiff/Appellant client; matter pending).

Contact our appellate lawyers today to discuss your options.

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