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Appellate

We have an outstanding record representing our clients in hundreds of appeals and writs in State and Federal appellate courts. Our appellate practice includes a wide range of matters, ranging from writs of pre-trial rulings to appeals of multi-million dollar verdicts. Additionally, we are retained before and during trials to plan and prepare for possible appeals and to advise clients and their trial counsel on strategies and the merits of possible appeals.

A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

Sunday, June 26, 2011
By James Ficenec
A Defendant May Recover Its Attorneys’ Fees Incurred Defending Frivolous Civil Rights Claims

Federal law generally permits a plaintiff who successfully pursues a civil rights claim to recover his or her attorneys’ fees.  A successful defendant, however, is typically only entitled to recover its attorneys’ fees if the complainant claims are determined to be absurd.  In this context, “frivolous” means without legal or factual basis.  A claim... »

Residential Borrower May Enforce Lender’s Promise to Negotiate Loan Modification

Thursday, February 24, 2011
By James Ficenec
Residential Borrower May Enforce Lender’s Promise to Negotiate Loan Modification

A residential borrower who relies on a lender’s promise to negotiate a loan modification may have a claim against the lender if the lender breaches that promise.  In a recent case before the California Court of Appeal, Aceves v. U.S. Bank, the plaintiff homeowner alleged that she filed a petition in bankruptcy to avoid... »

General Assignment of Personal Property for Testamentary Trust Stock

Wednesday, February 23, 2011
By James Ficenec
General Assignment of Personal Property for Testamentary Trust Stock

A testamentary trust is a common estate planning device.  To fund the trust, the person establishing the trust must transfer his or her assets to the trustee of the trust.  In a recent case, Kucker v. Kucker, the California Court of Appeal discussed the level of specificity required to make such a transfer effect... »

Contractual Arbitration Required Even If One Party Cannot Afford Cost Of Arbitration

Tuesday, February 22, 2011
By James Ficenec
Contractual Arbitration Required Even If One Party Cannot Afford Cost Of Arbitration

Many contracts contain a provision requiring arbitration of disputes arising from the contract.  Arbitration is resolution of a dispute by one or more private decision makers (arbitrators).  Decision makers are frequently, but not always, former judges.  With some limited exceptions, the arbitrator’s compensation is divided equally between the parties. When a party to an... »

Court May Decline To Enforce Corporate Director’s Inspection Rights If Director Removed From Board

Sunday, June 20, 2010
By James Ficenec
Court May Decline To Enforce Corporate Director’s Inspection Rights If Director Removed From Board

Under California corporations law, a corporate director generally has an absolute right to  inspect the corporation’s books and records.  In Wolf v. CDS Devco, the California Court of Appeal held that a trial court properly declined to enforce a director’s demand for inspection where the director’s term expired after the demand for inspection. »

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