California Appellate Law Blog

California Appellate Law Blog

News and Insights about Appellate Law

Category Archives: Appellate Practice

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Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership

Posted in Appellate Practice, Appellate Procedure, Recent Decisions
Parties (typically plaintiffs) may request the appointment of a receiver in cases involving disputes over corporate assets or interests in real estate.  But the appointment of a receiver may have unexpected consequences for the party seeking appointment. The receiver is an agent of the court and not of any party, and as such: (1) is… Continue Reading

“Do-Over” Arbitrations—Appeals Without Appellate Rules?

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
Are the commonly accepted features of arbitration—speed and finality—being watered down by rules permitting a second arbitration that expose parties to delays and significantly increased expenses? In a recently published decision, Condon v. Daland Nissan, Inc., 6 Cal.App.5th 263, the First District Court of Appeal held that an arbitration provider’s lack of appellate rules was… Continue Reading

California’s Anti-SLAPP Statute Untangled

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action context. For over a decade, the appellate courts have disagreed as to how a plaintiff can satisfy the reasonable probability of… Continue Reading

Prevailing Party Costs Under CCP Section 1032

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
The California Supreme Court recently held that a plaintiff who obtains a monetary settlement and dismisses the action is the prevailing party entitled to statutory costs under Code of Civil Procedure section 1032. DeSaulles v. Community Hospital of the Monterey Peninsula 2016 Cal LEXIS 1281. Most often, parties reaching settlement will dispose of any costs… Continue Reading

High Court Reviews Protected Activity Under SLAPP Statute

Posted in Appellate Practice, Appellate Procedure, Civil Procedure, Recent Decisions
In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is whether the SLAPP statute, Code of Civil Procedure section 425.16, “authorize[s] a court to strike a cause of action in which the plaintiff… Continue Reading

SLAPP Statute and the Mixed Cause of Action

Posted in Appellate Practice, Appellate Procedure, Civil Procedure
The California Supreme Court is reviewing the mixed cause of action conundrum in Baral v. Schnitt (2015) 233 Cal.App.4th 1423. According to the Court’s docket, the issue is whether the SLAPP statute, Code of Civil Procedure section 425.16, “authorize[s] a trial court to excise allegations of activity protected under the statute when the cause of action also includes meritorious… Continue Reading

Legal Writing: Speak Freely (But Plainly, Please!)

Posted in Appellate Practice, Appellate Procedure, On Being a Lawyer
“This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET CIs – but meet, by their ‘ET proof’ refined claim construction, all ET CIs needs.” So begins the petition for review filed by a respected law firm in… Continue Reading

Changing of the Guard at State’s High Court

Posted in Appellate Practice, On Being a Lawyer
The California Supreme Court is undergoing a few changes. Justice Joyce L. Kennard has retired and has not yet been replaced. And Justice Marvin R. Baxter is leaving at the end of the year. Much has already been written about Governor Brown’s opportunity to continue remaking the Court in his (latter-day) image. Having appointed Justice Goodwin Liu, speculation is rampant about… Continue Reading

Contractual Attorney Fee Provisions: Words Matter

Posted in Appellate Practice, Civil Procedure, Recent Decisions
This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards.  As the case law demonstrates, it is easy to misapprehend how and when the statute actually operates.  Section 1717(a) states that “In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are… Continue Reading