How Post-Trial Motions Might Factor Into Your Appeal

Post-trial motions lawyer writing on documents

Generally, a losing party is not required to file a post-trial motion to raise an error of law on appeal. This is the basic rule for California state court proceedings. But there are exceptions to this rule, and knowing the difference is critical to protecting your appellate rights. However, even where a post-trial motion is […]

What to Expect If a Judgment Is Stayed

Concept of stayed judgment, blindfolded justice statute

You’ve been awarded damages at your trial. Naturally, you expect to execute on the judgment as soon as possible. But then the defendant requests a stay of court. What this means for the plaintiff is that the judgment will be suspended, pending appeal of the trial court decision. What should you expect if the defendant […]

Preserving Issues for Appeal: What It Means and Why It Matters

lawyers preserving issues for appeal

California appellate courts will generally not review issues that were not properly preserved at the trial level. But what does it mean to “preserve” an issue, and why does it matter? More importantly, what will the court examine as it answers this question? Preservation of Error: What Is It? Trial courts are generally considered the […]

The Basics Of Appeals Based On Erroneous Jury Instructions

lawyer giving jury instructions

For some litigators, jury instructions are more of an afterthought than a central part of trial strategy. But, they can be critical for appeal. Jury instructions tend to be rife with error precisely because trial attorneys and judges do not have the luxury of time to ensure they both accurately state the law and do […]

What Does it Mean to “Designate the Record”?

lawyers working to designate the record for an appeal

Since appellate justices were not present at the original trial, they need a reliable record of those proceedings to consider along with the briefs. Preparing (or designating) an official record for appellate review in the California Courts of Appeal is an essential step in appealing the trial court’s decision. Failure to designate the record correctly, […]

Janet Gusdorff Published in Advocate Magazine – “Valuing Your Appeal”

Gusdorff Law article- Valuing Your Appeal

Consumer Attorneys Association of Los Angeles’s magazine, ‘Advocate’, just published a new article written by Janet Gusdorff. Titled “Valuing Your Appeal – A Formulaic Way of Deciding When Outsourcing the Appeal to Appellate Counsel Makes Sense”, the experienced Los Angeles appellate lawyer goes into detail about how trial attorneys can decide how best to handle […]

Understanding California Appellate Courts’ Standards Of Review

standards of review

Litigants sometimes make the mistake of viewing civil appeals as simply another bite at the apple: a new trial. But appeals are not opportunities to relitigate cases simply because the outcome was unfavorable. In fact, California appellate courts will only hear appeals in certain limited circumstances. Here we consider the three most common bases for […]

Defy the Odds: How to Choose Appellate Arguments

Man trying to decide which door to enter - concept of how to choose appellate arguments

What Are My Odds of Winning? This is the most common question I receive from trial attorneys seeking to challenge an adverse ruling or finding themselves lamentably responding to defendant’s appeal. The answer depends largely on the standard(s) of appellate review, and specifically, which standard(s) apply to the arguments you’re raising or challenging.** To advantageously […]

Advantages of an Appellate Litigation Specialist

man with ace up his sleeve - concept of advantages of hiring a appellate litigation specialist

Litigants often wonder why they should hire separate appellate counsel. Trial counsel may be tempted to handle the appeal because of their familiarity with the facts of the case. Why bother? The expertise required to handle a writ or appeal is unique from the skills required to successfully litigate a case. Trial lawyers who prosecute […]

When Is Appealing Economically Sound?

piggy bank with glasses concept of when appeals are good economic choices

Have you ever wished for a formula to help you determine when it makes financial sense to appeal an adverse judgment? If so, you’ll definitely want to check out my upcoming article in the December 2021 Advocate Magazine that analyzes the economics of pursuing appeals, including when to outsource, when to accept a defendant’s offer […]

“Appeal-Proof” Your Non-Economic Damages

The larger the non-economic damages award, the more likely defendant will challenge it. Defendants have an edge on appeal for challenging substantial non-economic damages because the appellate court relies on a “cold” written record of the proceedings, without the benefit of seeing your client sobbing while testifying or struggling to stand, or sitting with a […]

Can You Expedite Your State Court Appeal?

Civil appeals are notoriously slow; in non-COVID-19 times, we typically estimate 18 months from the filing of the notice of appeal to the disposition in the Second Appellate District of the Court of Appeal (covering Los Angeles, Ventura, and Santa Barbara counties). The size and complexity of the case can affect that estimate, but most […]