A trial court ruled against you. Now you are wondering whether that decision is final. In many cases, it is not. California law gives parties the right to appeal civil judgments. However, the appellate process follows strict rules, short deadlines, and detailed procedural requirements. An appeal asks a higher court to review a lower court’s… Read more »
Most California cases end at the Court of Appeal. That court resolves the majority of civil appeals, and its decisions usually conclude the litigation. In rare situations, a Court of Appeal decision raises an important legal issue or produces an outcome that conflicts with established law. In those cases, a party may seek review by… Read more »
Most people think of an appeal as something that happens after a case ends. However, California law allows certain appeals before a final judgment. These are called interlocutory appeals. Knowing when you can appeal early can protect your rights. It can also save time, money, and stress later in litigation. Interlocutory appeals in California follow… Read more »
Many people leave a trial convinced the judge made a mistake. However, in an appeal, pointing out a mistake is not enough. California appellate courts ask a more focused question. Did the error actually affect the outcome? This is where the concept of prejudicial error in a California appeal becomes critical. If an error did… Read more »
Losing a real estate case does not always mean the matter ends there. Many parties leave court feeling that something went wrong, but an appeal does not focus on whether the result feels unfair. Instead, it focuses on whether the court made a legal error that affected the outcome. Understanding the legal errors that can… Read more »
The Agriculture Marketing Agreement Act of 1937 allows the United States Secretary of Agriculture to establish “marketing orders” to ensure stability in a variety of agricultural markets. The marketing order requiring raisin growers to turn over a percentage of their crop to the government free of charge is an allocation… Read more »
In a landmark decision Friday, the Supreme Court of the United States held that the Constitution allowed same sex couples the right to legally marry, regardless of where they resided in the United States. The Court was closely divided in its 5-4 ruling, with Justice Anthony Kennedy writing the opinion… Read more »
Do you remember high school? Do those memories include eating cookies from charity bake sales held by student groups, a candy bar from the vending machine while you were waiting for the bus, or (heaven forbid) a soda after football practice? Times have changed. Recent additions to the Code of Federal Regulations require that schools… Read more »
Condemnation law can be a tricky affair. But, until recently, there was one solid rule you could rely on: if the government physically takes possession of someone’s property, it’s generally a taking, and the government has to pay the owner. You will notice we noted “until recently.” The United States Supreme Court will soon have the… Read more »
In a major victory for the rights of property owners throughout the state, on March 2 the California Supreme Court in Berkeley Hillside Preservation v. City of Berkeley held that the construction of a single family home is categorically exempt from the requirement of the preparation of an environmental impact report (EIR) under the California Environmental… Read more »
