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Appellate Law

The Appellate Practitioner

Focused on appellate law in California and the 9th Circuit.
By Kimberly A. Kralowec, Esq.

Post Frequency: 0.3/day

Last Entry: March 23, 2009 at 09:00:00

New decision on standard of review for private attorney general fee awards: Roybal v. Governing Board

Posted on February 14, 2008
In Roybal v. Governing Board of the Salinas City Elementary School District, ___ Cal.App.4th ___ (Jan. 11, 2008; pub. ord. Feb. 6, 2008), the Court of Appeal (Sixth Appellate District) clarified the standard of review for attorneys' fees awards under...

Supreme Court grants review to resolve Biljac issue: Reid v. Google Inc.

Posted on February 11, 2008
On January 30, 2008, the Supreme Court granted review in Reid v. Google, no. S158965. Here is the Court's statement of issues on review: (1) Should California law recognize the "stray remarks" doctrine, which permits the trial court in ruling...

Justice Roberts' oral argument preparation

Posted on January 21, 2008
I'm reading Supreme Conflict: The Inside Story of the Struggle for Control of the United States Supreme Court (The Penguin Press 2007) by Jan Crawford Greenburg. On pp. 188-189, there is a kernel of insight into how United States Supreme...

Supreme Court service copies of appellate briefs may now be served by email!

Posted on January 04, 2008
Happy New Year! A few interesting amendments to the Rules of Court went into effect on January 1, 2008. For example, Rule of Court 8.212(c)(2) used to require that four paper copies of all briefs filed with the Court of...

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"Corrigan Leans to the Right on Bench"

Posted on December 11, 2007
Yesterday's Recorder had a very interesting article (subscription) by Mike McKee about California Supreme Court Justice Carol A. Corrigan, who will celebrate her two-year anniversary as a justice in early January.

"One doghouse"?

Posted on December 06, 2007
If you've ever seen a reference to "doghouses" in the California Supreme Court's online docket and wondered what it meant, the Recorder had a short piece last week (subscription; scroll down) explaining it: The doghouses in question aren't the homes....

Evidentiary objections and Biljac

Posted on December 03, 2007
On November 29, 2007, the Daily Journal had a very interesting article (subscription) addressing two recent decisions that have revived the debate over whether Biljac Assoc. v. First Interstate Bank, 218 Cal.App.3d 1410 (1990) has been overruled. The two recent...

Appeal from non-appealable order dismissed: Harrington-Wisely v. State of California

Posted on November 29, 2007
In Harrington-Wisely v. State of California, ___ Cal.App.4th ___ (Nov. 20, 2007), the Court of Appeal (Second Appellate District, Division Seven) held that a stipulation and order purporting to be "final" and "appealable" could not confer appellate jurisdiction if it...

"Making Your Case: The Art of Persuading Judges"

Posted on November 27, 2007
Yesterday's Recorder reported on a new collaboration between U.S. Supreme Court Justice Antonin Scalia and legal writing maven Bryan Garner. Their book will be called "Making Your Case: The Art of Persuading Judges." The article says that the book will...

Supreme Court proposal to reduce backlog of death penalty cases

Posted on November 26, 2007
As reported in the San Francisco Chronicle and the Los Angeles Times, last week the California Supreme Court issued a proposal for reducing the backlog of death penalty cases now pending on its docket. The proposal is to amend the...

A writ discharged as improvidently granted is no longer a "cause"

Posted on October 29, 2007
If the Court of Appeal issues an alternative writ, but then wishes to discharge the writ as improvidently granted, does the matter remain a "cause" that must be decided with argument and a written opinion on the merits? The answer...

"From Pen-and-Paper Man to Internet Guru"

Posted on October 25, 2007
Yesterday's Daily Journal had an article (subscription) about First District Court of Appeal Justice James A. Richman, including some interesting comments about his recent Demps decision, in which the First District overruled Biljac: Richman's flair for prose has come through...