Real estate litigation is a broad category of California law that can involve landowners, business owners, corporate entities, contractors, insurance providers, and tenants.
Lawsuits that focus on the rights of tenants and landowners are not at all uncommon in Irvine. It’s also not uncommon for these lawsuits to reach a conclusion that feels unfavorable to one party or the other.
In some cases, these unfavorable rulings stem from judicial or legal errors that severely influence the final verdict. Those are the cases that have the strongest foundation for a successful appeal.
Not every unfavorable ruling can or should be appealed. The appellate process can be extremely time-consuming and costly when not properly supported. However, you can circumvent some of these obstacles by working with an experienced Irvine real estate appeals lawyer.
At Gusdorff Law Firm we have 15 years of experience working exclusively with appellate law in the local area. This experience has provided us with a unique perspective and set of skills that are extremely useful for clients interested in appealing a verdict in a real estate dispute.
The strengths that we bring to the fight simply cannot be reproduced by traditional trial lawyers.
If you are interested in fighting back against an unfavorable ruling influenced by judicial error, then you need to align yourself with the legal experts who have the most to offer.
In cases that involve real estate law, we have a lot to offer clients on either side of the appeals process. Take a moment and call us today at 818-877-4515 to begin planning your appeals strategy.
Can I File an Appeal for My Real Estate Case Verdict?
Yes. The ruling for most real estate disputes can be appealed through the California Court of Appeals. This can include disputes regarding commercial and residential properties.
Real estate lawsuits can cover a wide array of legal problems and involve many different parties, including homeowners, lending institutions, property owners, mortgage companies, and appraisers.
All of these parties have the right to appeal a ruling whether they are the defendant or the plaintiff in a dispute.
What Are the Different Types of Real Estate Disputes?
Some forms of real estate disputes are more common than others in Irvine and are more frequently addressed in the Court of Appeals. However, a seasoned appellate lawyer should have the experience and capabilities to appeal any type of real estate lawsuit regardless of how standard the case is.
Some of the most common disputes that can be appealed include:
Disputes Over Boundaries:
These types of disputes most often involve two neighbors who have a disagreement regarding property lines. For example, a plaintiff may bring an action to the court to acquire a section of land that a neighbor claims to own.
If the court does not believe the plaintiff has sufficient proof of ownership, then the plaintiff may appeal the ruling with adequate reasoning. Likewise, the defendant could appeal the ruling if it was determined that the plaintiff did prove ownership of the land.
Disputes Regarding Responsibilities:
These cases involve tenants and landlords who cannot agree on which party is responsible for repairs or maintenance on a property.
Disputes Between Co-Owners:
In some cases, a property may be owned by multiple parties. These co-owners might disagree on any number of issues, including responsibilities and rights. Either party has the right to dispute the court’s decision if they believe a judicial error was involved.
What Are Some of the Grounds on Which I Can File an Appeal?
Both parties have a legal right to disagree with a court’s interpretation of the law and their ruling. Having the right to dispute a verdict is not the same as having grounds for an appeal.
Filing an appeal when there is not sufficient reasoning to overturn the verdict can be an expensive mistake. There are two important questions that the appellate court will answer when reviewing a case.
Did a Legal Mistake Occur During the Court Trial?
There are numerous legal mistakes that can occur during a trial that create sufficient grounds for appeal. This can include a faulty interpretation of real estate law by a judge, misconduct by the jury, or the refusal to accept evidence that was relevant to the case.
Did This Mistake Influence the Final Judgment?
The existence of a legal mistake alone is not sufficient grounds for an appeal. The legal error needs to be significant enough that it clearly influenced the final ruling.
Your appellate lawyer will need to show the court that this mistake caused the ruling to change and thus the ruling needs to be reversed or the case needs to be heard a second time in the trial courts.
What Should I Expect During the Appeals Process?
You’ll spend most of your time during the appeals process simply waiting for the court’s decision. Behind the scenes, your appellate lawyer will be analyzing the trial records and identifying the mistakes that influenced the ruling.
The Court of Appeals will eventually review those same records in addition to a brief presented by your lawyer that outlines their findings and argues your position. They may also choose to present oral arguments to the committee. The average appeals process lasts for 14 months.
Why Should I Hire Gusdorff Law to File My Real Estate Appeal?
You may be tempted to continue working with your real estate lawyer who originally argued your case, but trial work and appellate work differ tremendously.
Appellate briefs receive a great deal of scrutiny, which makes it important to work with a lawyer who has extensive experience with the appeals process.
The Gusdorff Law Firm has a unique understanding of appellate law processes as well as real estate law as a whole. Our work has a lasting effect on the common law as it is often shaped by the opinions we argue.
Our complete dedication to appellate work provides us with more time and freedom to manage your case. We are able to perform the research that many standard trial lawyers do not have the time to perform.
Get an Expert Irvine Real Estate Appeals Lawyer on Your Side Today!
Legal errors that lead to improper rulings are an unfortunate side effect of the complexity and flexibility of the US legal system. The appeals process is designed specifically to help clients like yourself who have been unfavorably impacted by these mistakes.
Not every unwanted ruling can be reversed in appellate courts, but the team at Gusdorff Law can help determine whether your ruling has substantial reasoning. Call us at 818-877-4515 to discuss your recent real estate ruling and the possibility of appeals.