APPELLATE LAW: If you lost a case in the trial court, you have the opportunity to appeal. The Krongold Law Corp. handles civil writs and appeals. Writs of mandate are filed to review interim or non-final orders where there is no “plain, speedy, and adequate remedy, in the ordinary course of law,” to challenge the decision. It must be issued upon the verified petition of the party beneficially interested. For example, writ relief may be available when a trial court’s order compelling discovery violates a privilege of the party against whom discovery is granted. (Roberts v. Superior Court (1973) 9 Cal.3d 330, 336.) The decision to grant writ relief is within the court’s discretion.
Appeals, on the other hand, must be taken from a final judgment or order. The reviewing court must consider the appeal if timely made and if in compliance with strict procedural rules. These rules set deadlines, types and formatting of briefs, proper case citations, reference to the underlying trial record, and other matters.
It is important to preserve your arguments for appeal. Without first asserting a position before the trial judge, and allowing the judge to rule, the appellate court will not generally hear the issue. It will be deemed waived.
An appeal requires thorough review of the record which consists of the reporter’s transcript and the clerk’s transcript (files and records, pleadings, motions, etc.) After the record is reviewed, the legal issues are researched and briefed. Once briefs are exchanged by all sides, the Court will schedule oral argument. Appeals do take time to resolve, sometimes up to 18 or 24 months from filing.
The firm was successful in an recent appeal in Yelp v. Superior Court (2017) 17 Cal. App. 5th 1. In Yelp, the trial court granted the firm’s motion to compel production of records to unmask the identity of the person who posted the review and awarded monetary sanctions against the Yelp of $4,962.59. Yelp filed a writ petition, and appealed the sanctions. The court of appeal affirmed the order compelling the documents, but reversed the sanctions.