Civil Law

The Appellate Record is Complete, Now What?

Jeff Lewis Appellate Law, Civil Law, Law california court of appeal, civil appeal, Court of Appeal, oral argument

After a notice of appeal is filed with the trial court and the record on appeal is filed with the Court of Appeal, the parties submit briefs to the Court of Appeal and participate […]

I Filed a Notice of Appeal, Now What?

Jeff Lewis Appellate Law, Civil Law, Law california court of appeal, civil appeal, Court of Appeal

The process of pursuing a civil appeal in California can be a bit of a mystery for the first time litigant or trial lawyer unfamiliar with appeals. This post is […]

I Hired an Appellate Specialist, Now What?

Jeff Lewis Appellate Law, Civil Law, Law california court of appeal, civil appeal, Court of Appeal

The process of pursuing a civil appeal in California can be a bit of a mystery for the first time litigant or trial lawyer. This post is the first in […]

Four Things Every Trial Lawyer Should Know About Civil Writs

Jeff Lewis Appellate Law, Civil Law, Law, Win It Appeal, California, motion to expunge lis pendens, petition for writ of mandate, public records act

This post is the sixth in an ongoing series about maximizing a party’s chances of prevailing on appeal. A frequently asked question by trial lawyers is whether and when to seek […]

Ninth Circuit extends First Amendment protection to bloggers

Jeff Lewis Appellate Law, Civil Law, Law Blogger, Defamation, first amendment, Ninth Circuit

Today the Ninth Circuit issued its opinion in Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014). The decision extended to bloggers the same First Amendment protections that are afforded to […]

How to lose your appeal before it starts

Jeff Lewis Appellate Law, Civil Law, Law, Win It Appeal, Appellate court, appellate procedure, real estate, Trial court

This post is the fifth in an ongoing series about maximizing a party’s chances of prevailing on appeal. Filing a proper and timely notice of appeal is the first important […]

Justice Rubin Tackles the Amorphous “Abuse of Discretion” Standard

Jeff Lewis Appellate Law, Civil Law, Law abuse of discretion, California, Civil Procedure, Standard of review, Trial court

Today, Division Eight of the Second Appellate District of California issued its decision in Gaines v. Fidelity National Title Insurance Company (Dec. 12, 2013 B244961). The case involved the dismissal […]

Why Appellate Procedural Rules Matter

Jeff Lewis Appellate Law, Civil Law, Law, Win It Appellate court, California, Civil Procedure, Court of Appeal

This post is the fourth in an ongoing series about maximizing a party’s chances of prevailing on appeal. The unpublished decision by the Third Appellate District in Martel v. Litchfield (Dec. […]

Contrasting the Torts of Malicious Prosecution and Abuse of Process

Jeff Lewis Civil Law, Law abuse of process, California, Malicious Prosecution, Tort

The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions […]

Section 128.7 Sanctions Not Available Following Arbitration

Jeff Lewis Appellate Law, Civil Law, Ethics, Law Arbitration, Arbitration award, Legal Ethics, rule 11, sanctions

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against […]

Proving the “Prior Action” Requirement of a Malicious Prosecution Case

Jeff Lewis Civil Law, Law California, California State Bar, Lawsuit, Malicious Prosecution, Probable cause

When a party prevails in a legal proceeding, he or she sometimes will seek further vindication by way of a malicious prosecution action. However, no matter how frivolous the prior […]

Why Appellate Briefing Rules Matter

Jeff Lewis Civil Law, Ethics, Law, Win It Appellate Law, Court, State Bar of California, Summary judgment

This post is the third in an ongoing series about maximizing a party’s chances of prevailing on appeal. California appellate courts impose specific requirements on how arguments are to be presented […]

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Civil Law