Last updated on April 8, 2026 by Tim Kowal
Legal writing authority Ross Guberman has been busy absorbing AI tools into his popular BriefCatch and now-related suite of writing tools. Ross returns to discuss how BriefCatch cousin app RealityCheck uses a traditional authority base plus AI power to ruthlessly search and destroy hallucinations in your briefs. Who else is using RealityCheck? Courts. So let...
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Last updated on March 30, 2026 by Tim Kowal
Last month I had the pleasure of presenting to the Orange County Bar Association on a topic I return to often: how good cases die on appeal, not because the appellant was wrong on the merits, but because avoidable procedural mistakes made reversal impossible before the briefing even began. The talk was titled the "Appeals...
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Last updated on January 26, 2026 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Administering vaccines without disclosing contraindications can get your license pulled. If you're a veterinarian, that is. (There are far lighter penalties, I'm afraid, for lackadaisical administration of human vaccines.) Deol v. California Veterinary...
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Last updated on January 22, 2026 by Tim Kowal
Even if the client “earnestly believes” something to be true—and even if you, the attorney, “earnestly believe” it—without evidence, you can’t say it in court. Publishing its opinion in N.D. v. E.F. (D4d3 Jan. 20, 2026) case no. G066061 (nonpub. opn.) as a “cautionary tale,” attorney T. Matthew Phillips gets sanctioned $25,000 for violating this...
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Last updated on January 21, 2026 by Tim Kowal
Prevail at arbitration? Make sure your arbitrator rules on your fees and costs, or they may be waived. And no, voluntarily paying a judgment does not automatically forfeit your appeal. Usually. Those two potential pitfalls arose in Garrett & Tully, P.C., v. Aliso Properties, LLC, et al., (D2d3, Dec. 9, 2025, No. B332463) (non-pub. opn.)....
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Last updated on October 22, 2025 by Tim Kowal
As an attorney, you might not be surprised to learn that—if you file serial meritless lawsuits in pro per—you, too, may be deemed a vexatious litigant. File five unsuccessful lawsuits within seven years, and that’s what happens. But you might not realize that appeals count toward your five-lawsuit limit. That was the outcome in the...
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Last updated on October 15, 2025 by Tim Kowal
The Law360 article on the Ninth Circuit’s en banc decision in Gopher Media LLC v. Melone features quotes California Appellate Law Podcast co-hosts Jeff Lewis and me on the significant shift in how anti-SLAPP motions are handled in federal courts, overturning more than two decades of Ninth Circuit precedent. The Ninth Circuit held that denials...
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Last updated on October 10, 2025 by Tim Kowal
Anti-SLAPP denials are no longer immediately appealable in the Ninth Circuit. That was the en banc holding in Gopher Media LLC v. Melone (9th Cir., Oct. 9, 2025, No. 24-2626) 2025 WL 2858761, which overruled Batzel v. Smith. But still hotly debated in whether the Ninth Circuit will continue to entertain anti-SLAPP motions at all....
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Last updated on October 2, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Seeking Family Code 2020/2032 need-based fees? Don't forget to establish the incurred fees as reasonable. Fees reversed because they were for discovery motions not even ruled on yet. (But on remand expect the...
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Last updated on September 25, 2025 by Tim Kowal
The AI “deepfake” videos offered in support of plaintiff’s motion for summary judgment in this Superior Court case goes way beyond the innocent AI “hallucinations” more commonly reported. Plaintiff in Mendones v. Cushman & Wakefield, Inc., (Cal. Super. Ct. Alameda Cnty. Sept. 9, 2025 No. 23CV028772) submitted two videos that the trial judge easily concluded...
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Last updated on September 16, 2025 by Tim Kowal
Appealing in the 9th Circuit? Your deadline is 30 days. But sometimes the court makes certain rulings that are appealable but without a formal order—and that’s where FRCP 58 comes in, which says that those rulings are not deemed “entered,” and so the 30-day appeal deadline doesn’t yet run, until 150 days later. But in...
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Last updated on September 4, 2025 by Tim Kowal
The plaintiff's strategic decision to "not discuss" prong two of the anti-SLAPP analysis in hopes of supplemental briefing later proved fatal in *Ramirez v. McCormack* (D2d8, Aug. 8, 2025, No. B340986) reh'g denied (Aug. 19, 2025). Courts expect parties to present complete arguments in their initial briefs—don’t rely on getting a second chance. In a...
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Last updated on August 29, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: RFA Fees: Unreasonably deny an RFA, get hit with attorneys fees…even if you otherwise are protected under a one-way fee statute. So if you are asked to admit you signed the document that...
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Last updated on August 12, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Self-represented attorney CAN get fees awarded when co-litigant is spouse, but it's fact specific: there has to be a true professional relationship between spouses. If the attorney spouse was making all the decisions,...
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Last updated on August 6, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Not CA, but might restore your faith in the judiciary—via IJ: The Stored Communications Act allows the government to subpoena social-media companies for user data, and it even allows those subpoenas to be...
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Last updated on July 29, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Can ChatGPT testify against you? Maybe, says Open AI CEO Sam Altman: “If you go talk to ChatGPT about your most sensitive stuff and then there's a lawsuit, we could be required to...
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Last updated on July 24, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Elected officials aren't whistleblowers, Cal. Supreme Court says. “Employee” means rank-and-file public workers, not elected officials who “report to the electorate.” But: they can still bring First Amendment claims. Brown v. City of...
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Last updated on July 22, 2025 by Tim Kowal
The California Court of Appeal recently warned that pasting unattributed legal content in an appellate brief is “a serious breach of ethics,” and “obviously unacceptable” and “sanctionable.” The pro per appellant in Kelly v. Tow (Jul. 17, 2025, No. G064417) 2025 WL 1982214 (nonpub. opn.) challenged an sanction against him for filing an improper discovery...
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Last updated on by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: The last resort to reverse a judgment when all other lights go out? Writ of coram nobis. A 9th Circuit panel, denying relief after Supreme Court confirmed that certain jury instructions on subjective...
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Last updated on July 15, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Bad guy appealed your fee award? Remember to cross-appeal! Court not only affirmed respondent’s fees, but concluded trial court should have awarded more. BUT: No cross-appeal, so the reduced award stands. Papageorges v....
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Last updated on July 10, 2025 by Tim Kowal
When an appellate decision is published, it is binding on all Superior Courts throughout the state, and citable in all the appellate courts. But sometimes, the Supreme Court of California decides that a published case should not be. And when it exercises its power under California Rules of Court, rule 8.1125(c), that appellate decision—previously part...
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Last updated on July 9, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Don't put a 1542 in your 998: Offer was invalid because it requested not only dismissal but a broader release of all claims, known and unknown. That made the 998 invalid. *T&R PAINTING...
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Last updated on June 25, 2025 by Tim Kowal
Earlier this month, , I presented my talk Winning on Appeal: Ten Essentials Every Trial Lawyer Must Know with Jeff Lewis at the California Lawyers Association Solo and Small Firms event. We shared insights based on our work as appellate specialists and addressed some of the most common mistakes that trial lawyers make that end...
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Last updated on June 24, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Using Google Maps while driving? That's illegal, says Court of Appeal, unless the phone is mounted to your dashboard. People v. Porter (Cal. Ct. App., June 3, 2025, No. H052404) Judges’ 90-day deadline...
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Last updated on June 20, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: Teaching yoga is just like teaching Shakespeare, for First Amendment purposes. 9th Circuit strikes down San Diego’s beach yoga class ban. Hubbard v. City of San Diego (9th Cir., June 4, 2025, No....
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Last updated on June 18, 2025 by Tim Kowal
The tip here is that even if your CCP 128.7 sanctions motion is righteous, the correct bases must be stated in the notice to give the other side fair warning. The grounds here weren’t stated until the reply, so the $25,000 sanction was reversed. And the motion was not only correct in Wright v. Wright...
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Last updated on June 12, 2025 by Tim Kowal
Governor Newsom sued to enjoin President Trump’s deployment of the National Guard to quell the ongoing LA riots without Newsom’s consent. But first, we disclose our biases—about Trump, opportunistic political labeling of “rebellions” or “insurrections,” and how easily the thin veneer of civilization is pierced by masked cowards throwing rocks. Also: Appellate Specialist Jeff Lewis'...
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Last updated on June 11, 2025 by Tim Kowal
The SLAPP fee award in Berry, v. Pope Valley Union Elementary School District et al. (Jun. 2, 2025, No. A171352) (non-pub. opn.) was based on hearsay. The the Court of Appeal still affirmed because hearsay is a rule of “evidence,” and a fee order need only be based on “information.” This is surprising because the...
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Last updated on June 5, 2025 by Tim Kowal
The Court of International Trade—whatever that is—enjoined Trump’s tariffs. But the Court of Appeal for the Federal Circuit imposed an administrative stay pending further briefing. We also cover: Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page. Sign up for Not To...
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Last updated on May 29, 2025 by Tim Kowal
Here are a few cases I did not have time to write up but seemed either important or irritating enough to mention: The first case in the US, it appears, in which a defendant was sentenced to death for starting a wildland fire. People v. Oyler (Cal., May 5, 2025, No. S173784) You have probably...
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