Appeal without Trial Proceedings

In certain circumstances, cases can resolve in the trial court before there is even a jury or court trial. There are two primary circumstances in which this occurs.  Cases are often resolved through a legal proceeding called a motion for summary judgment.  In this proceeding, the court will issue a judgment for the plaintiff or the defendant on the grounds that there are no material factual disputes, and that the matter can be decided by the court as a matter of law.  If there are material factual disputes, the court cannot issue a summary judgment. Cases are also often resolved prior to judgment based on a legal proceeding called a demurrer.  In this proceeding, the defendant will argue that even if it is assumed that the facts as stated in the complaint are true, judgment must still be entered for the defendant based upon the law.  A common example is the statute of limitations.  If the claim was brought after the statute of limitations has run, the demurrer will be granted. 

The attorneys at Kassouni Law have experience with numerous summary judgment and demurrer motions, and can guide you in determining whether there are solid grounds for an appeal from a trial court dismissal based one of these proceedings.

At Kassouni Law we have a team of research attorneys with a thorough command of the law. Our appeal lawyers have extensive experience representing clients at all appellate court levels, and also have comprehensive trial court experience. If you or your business suffered an adverse trial court ruling, or received a favorable trial court ruling which you want to uphold on appeal, please consider calling us for a consultation. You can count on the appeal lawyers at Kassouni Law to listen to your legal concerns, give an honest assessment of your case’s legal merits, and deliver unparalleled personalized legal representation.  Initial evaluations can be provided for a flat fee.

Serving clients throughout the jurisdiction of California, the Federal Ninth Circuit Court of Appeals, and the United States Supreme Court:

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