California appellate courts can impose sanctions when an appeal is frivolous or filed solely to cause delay. Their authority comes from Code of Civil Procedure section 907 and California Rules of Court, rule 8.276. However, courts do not treat every weak or unsuccessful appeal as frivolous. Sanctions apply only when an appeal meets the legal… Read more »
A motion for reconsideration and an appeal can both follow an unfavorable court ruling, but they serve different purposes. Reconsideration asks the trial court to revisit an eligible order. An appeal asks a higher court to review an appealable judgment or order for legal error. The difference matters because the requirements and deadlines are not… Read more »
Losing in federal district court is not necessarily the end of a case. After an unfavorable ruling in a California federal district court, a party may have the right to appeal to the U.S. Court of Appeals for the Ninth Circuit. Whether an appeal is available depends on the type of ruling, the court’s jurisdiction,… 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 »
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 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 »
Unanimous Court of Appeal Decision Rebuffs County of San Diego’s Attempt to Deny Owner State Constitutional Tax Benefits After Property is Taken by Eminent Domain In a published precedent setting decision handed down on July 18, 2014, the Court of Appeal held that a property owner is entitled to the full protection of Proposition 3… Read more »
Can the government retake just compensation that it was required to pay a property owner for a taking of private property if the property owner doesn’t use the compensation fast enough? Can a mere statute amend the California Constitution? The obvious answer to these questions is no. Yet, it is precisely these questions that are… Read more »
