California Supreme Court Clarifies Appellate Standard of Review in Cases Using Clear and Convincing Burden of Proof
A Split in Opinion For years, California Courts of Appeal have grappled with how to apply the substantial evidence standard of review to findings that were made under the heightened “clear and convincing” burden of proof (as opposed to the standard “preponderance of the evidence” burden of proof). This question has led to a split […]
The Writ of Coram Vobis: Appellate Law’s Most Underrated Tool?
A trial court hands down its judgment, to the disappointment of your client. A post-trial motion for new trial is denied, prompting an appeal. During the pendency of the appeal, certain facts come to light that would have virtually guaranteed a new trial. Does the losing party have any recourse? In certain circumstances, the losing […]
How Violating Court Orders May Affect Your Appeal
Valid court orders have to be followed – period. A party can dislike and disagree with an order. And there are various methods of relief that may be available. But if all avenues fail, the parties are ultimately bound by the trial court’s order. In the event a party decides to violate that order, its […]
Settling During The Appeal: Factors to Consider
Appealing a trial court decision can make it seem like a case will never end. In reality, however, cases can and often do settle while on appeal. Part of appellate strategy is helping the client understand and navigate settlement at this stage. Gusdorff Law handles state and federal appeals in California. We also provide appellate […]
How Do Appellate Oral Arguments Differ From Trial Arguments?
Both trial and appellate attorneys are given the chance to present their arguments in the courtroom. But this is where the similarities largely end. The manner in which arguments are given, and their content, varies dramatically between the two forums. While an attorney may be exceptional at presenting trial arguments, a different skill set is […]
How Appellate Counsel Can Add Cost-Effective Value To A Client’s Case
Deciding to appeal an unfavorable trial court judgment or order is a serious undertaking of time and money. But a client does not have to wait until the end of trial to consult appellate counsel. Often circumstances may warrant bringing an appellate lawyer into the case much earlier than the post-trial stage. Doing so offers […]
Appeal Versus A New Trial: What Clients Need To Know
Clients often and erroneously view appeals as new trials. Despite this confusion, however, it is possible to ask for a new trial if the circumstances justify it. The differences between the two should be explained up front so the client understands what to expect. Working with counsel, the client can make an informed choice of […]
Managing Client Expectations Of The Appeals Process
Whether in state or federal court, civil appeals are unlike anything a client will face in the court system. Both trial and appellate lawyers are well advised to know their respective roles and even their limitations. But managing client expectations is altogether more difficult, since most lay persons are largely unfamiliar with the courts. Doing […]
Understanding The Role Of Stare Decisis In California Courts
Consistency is one of the most important values of our judicial system. Without steady, reliable, and (reasonably) predictable decisions, the courts would be in disarray. The doctrine of stare decisis is one method of ensuring this value is upheld. Stare decisis is a legal principle that requires courts to adhere to precedent in rendering their […]
The Value of a Certified Appellate Specialist
Any member of the California State Bar can practice appellate law. But not every member can claim to be a Certified Appellate Specialist. This unique designation by the State Bar’s Board of Legal Specialization denotes an attorney with demonstrated skill in appellate law. If you plan to retain an attorney for your California civil appeal, […]
Augmenting And Correcting The Record On Appeal In California Appellate Courts
The record on appeal is an indispensable part of any California Court of Appeal writ or appeal. Appellate attorneys strive to present an accurate and complete record for the court’s consideration. But what happens if you discover the clerk’s transcript or appendix is missing documents? Or there’s an error that must be fixed? Do you […]
What Is The Difference Between A Common Law And Statutory Writ?
Writs occupy a unique position within the world of California appellate procedure. They are directives from the Court of Appeal to a trial court to either do or cease doing something. Whereas appeals are heard by the appellate courts as a matter of right, writs are a matter of discretion. They are also only granted […]
