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2,000 Opinions Later: Justice Willhite on What Wins Appeals

Last updated on August 27, 2026 by William Hernandez
Retired Associate Justice Thomas L. Willhite Jr. of the California Court of Appeal, Second District, Division Four, joins Tim Kowal and Jeff Lewis to discuss nearly four decades in the legal system, from coordinating capital appeals at the California Attorney General's office to authoring roughly 2,000 appellate opinions. He serves as a mediator, arbitrator, and...Read More >>

Voluntary Dismissal, Involuntary Consequences: Maniago and the End of the Expedited-Appeal Shortcut

Last updated on August 4, 2026 by William Hernandez
John Mitch Mitchell joins Tim Kowal to unpack Maniago v. Desert Cardiology Consultants’ Medical Group, a July 2026 California Supreme Court decision that shuts down a procedural shortcut California litigators have been relying on for years. Mitchell, who represented the plaintiffs on appeal, offers a candid, behind-the-scenes look at how a carefully planned litigation strategy...Read More >>

750 Tenants, One Nudist Colony, and a Draining Anti-SLAPP: Fran Campbell on California's Hottest Landlord-Tenant Battles

Last updated on August 3, 2026 by Tim Kowal
Why do tenants' rights cases end up on appeal—and what happens when the Ellis Act gets weaponized? Tenants' rights appellate attorney Fran Campbell joins Jeff Lewis as a guest host while Tim Kowal is on vacation, sharing hard-won insight from landlord-tenant litigation, mobile home park law, and the appellate front lines of California's housing crisis....Read More >>

Fine and Punishment: How cities punish short-term vacation rentals

Last updated on July 21, 2026 by Tim Kowal
One California city has been quietly collecting $5,000-per-incident fines from short-term vacation rental owners. And if the regime is struck down, the city may owe half a million dollars back. Former constitutional law attorney David Koslow joins Tim Kowal and Jeff Lewis to break down two Appellate Division challenges that expose a structural flaw in...Read More >>

Palma, Alt Writs, and the OSC: Reading the Tea Leaves After Your Petition Lands with Judge Fay

Last updated on July 14, 2026 by Tim Kowal
Why do writ petitions so often fail? Judge Tom Fay covers the technical writ rules that attorneys often overlook. In part 2 of our conversation with former lead writs attorney at the Santa Ana Court of Appeal, Judge Fay covers the CRC 8.486 and local rule requirements for your writ petition, the available remedies for...Read More >>

How Lisa McCall Appeals Family Law Orders—and Gets Them Published

Last updated on July 1, 2026 by Tim Kowal
One of just 12 California lawyers dual-certified in both family and appellate law, Lisa McCall has an unusually clear view of how family trial work plays out on appeal. Lisa shares the record‑killing mistakes family lawyers often make. And with 14 published opinions, Lisa shares about publish-worthy issues and her work on the amicus committee...Read More >>

Rules to Speak By: John Snow on the Rules—Not Mere Tips—of Oral Advocacy

Last updated on June 23, 2026 by Tim Kowal
John Snow, Director of Legal and Trial Training at the Los Angeles City Attorney's Office and author of Rules to Speak By (Carolina Academic Press, 2026), joins Tim Kowal and Jeff Lewis to discuss what it actually takes to be an effective oral advocate. Snow has tried more than 30 cases to completion in state...Read More >>

What Judges Actually Notice: 20 Years on the LASC Bench with Hon. Stuart Rice

Last updated on June 16, 2026 by Tim Kowal
Drawing on 20 years observing attorney behavior, Hon. Stuart M. Rice (ret.), now at JAMS, speaks freely. This episode is a rare candid debrief from the other side of the bench. Key topics: Your next status conference is closer than you think. Hit play before it gets here—this episode will change how you read the...Read More >>

Papering Judges After J.O.: Update your 170.6 software

Last updated on June 3, 2026 by Tim Kowal
Does your office have a blank 170.6 form ready to go for a certain judge? Stop doing that. A 170.6 peremptory challenge is no longer automatic: the California Supreme Court now authorizes courts to look behind your 170.6. The touchstone is whether your 170.6 is based on a genuine belief of prejudice—or mere grievance. But...Read More >>

Copyright Troll Slayer: How Morgan Pietz Exposed the Prenda Law Fraud Machine

Last updated on May 26, 2026 by Tim Kowal
The fall of copyright troll Prenda Law is, according to the ABA Journal, "part of legal folklore." We talk with the attorney who kicked over the first domino, Morgan Pietz. Prenda Law was the copyright trolling operation that filed approximately 20,000 abusive BitTorrent lawsuits targeting anonymous defendants for alleged pornography downloads. Morgan's work on that...Read More >>

Rescue Missions & Reality Checks: Fmr. CJ Cantil-Sakauye on What Makes the Supreme Court Take Your Case

Last updated on May 12, 2026 by Tim Kowal
The Honorable Tani Cantil-Sakauye led the state judiciary through the Great Recession's budget crisis, bail reform advocacy, and the COVID-19 pandemic. Now she has three new roles: President and CEO of the Public Policy Institute of California, a neutral at ADR Services, and a founding voice of the Alliance of Former Chief Justices. CJ Cantil-Sakauye...Read More >>

Jeremy Rosen on Building Horvitz & Levy's San Francisco Office and the Art of Appellate Brief Writing

Last updated on May 5, 2026 by Tim Kowal
In addition to having more than 100 published opinions and close to 100 oral arguments to his name, Jeremy B. Rosen is the managing partner of the Horvitz & Levy LLP San Francisco office. Jeremy is also nationally recognized for his First Amendment and anti-SLAPP work. Jeremy joins Jeff and Tim on the California Appellate...Read More >>

The Workhorse Justice: Ming Chin on Prolific Opinion Writing, DNA Evidence, and the Art of Mediation

Last updated on April 28, 2026 by Tim Kowal
Justice Ming Chin wrote more majority opinions in his first decade on the California Supreme Court than any colleague—then retired to discover that mediation feels a lot like his first judicial assignment in family law, where the goal was bringing people together rather than telling them what to do. Justice Ming’s biggest pet peeve as...Read More >>

April Fool's Legal Myths: From "One Phone Call" to Dual-Citizenship

Last updated on April 1, 2026 by Tim Kowal
The law is riddled with things "everybody knows" that aren't actually true. In this April Fool's-themed episode, Tim Kowal and Jeff Lewis discuss several legal myths, half-truths, and courtroom fictions—from rules of evidence to constitutional assumptions to a Scopes Monkey Trial mythology that is more Hollywood script than record. Key points: Miranda warnings aren't in...Read More >>

From BigLaw to Boutiques: David Lat on Trump, VanDyke, and the Art of Oral Argument

Last updated on March 25, 2026 by Tim Kowal
David Lat—founder of Above the Law and author and host of Original Jurisdiction blog and podcast—explains what these stories reveal about a legal profession navigating ideological warfare, economic disruption, and the enduring craft of persuasion. Paul Clement delivered what SCOTUSblog called "a master class in oral argument" in Trump v. Cook. Lat dissects what made...Read More >>

The Myth of the Rule of Law in Nude Female Korean Spas

Last updated on March 19, 2026 by Tim Kowal
wo explosive First Amendment cases from the Ninth Circuit—culture-war flashpoints are reshaping speech & religious-freedom doctrine… and judicial decorum. In B.B. v. Capistrano Unified, the court held that elementary students have enforceable free speech rights under *Tinker*, vacating summary judgment after a first grader was disciplined for giving a classmate a sweet drawing that ran...Read More >>

CA Trans Law Stay in SCOTUS, and AI Sanctions in SCOCA

Last updated on March 10, 2026 by Tim Kowal
Justice Kagan has more words about the emergency docket aka shadow docket. This one is about the 9th Circuit panel injunction of California's law requiring school officials not to share with parents when their children present as trans. The Supreme Court keeps the injunction in effect. And on the fee award front, big firms don't...Read More >>

The AI-Work Product Split, & Deadbeat-Dad Deals=Unenforceable

Last updated on March 3, 2026 by Tim Kowal
Three paradoxes feature in this episode: Paradox 1: You must disclose a bankruptcy stay to the Court of Appeal. What about a bankruptcy that does not create a stay? Answer: Yes, the disclose-bk-stay rule also means disclose a bk non-stay. Paradox 2: Deadbeat dad owes $500k. He settles and agrees to pay $250k. How much...Read More >>

California's Appellate Chaos and a Proposed Fix

Last updated on February 24, 2026 by Tim Kowal
In Part 2 of our conversation with Michael Shipley, Tim and Jeff dig into the real-world fallout of California's no-horizontal-stare-decisis rule — and the structural fix Shipley has been developing to address it.Shipley walks Tim and Jeff through his proposed "mini-en banc" transfer mechanism — a way for the California Supreme Court to empower a...Read More >>

California's No-Horizontal-Stare-Decisis Rule: How an Accident Became Law

Last updated on February 18, 2026 by Tim Kowal
California is the largest common-law jurisdiction where appellate courts don't follow each other—and it happened by accident. In Part 1 of this two-part episode, Michael Shipley explains how Bernard Witkin’s treatise reflections on case dicta became binding law, why the federal circuit model works differently, and what the rule costs practitioners and trial judges every...Read More >>

The Ethics and Philosophy of AI in Legal Practice

Last updated on February 10, 2026 by Tim Kowal
Is your AI training data biased? And is using AI-generated reasoning plagiarism? James Mixon, Managing Attorney at California's Second District Court of Appeal, covers troubling topics on how lawyers should, and should not, use AI. In this second part of Tim and Jeff’s conversation, James discusses how we can detect and counteract bias baked into...Read More >>

The Hallucination Trap: How to Use AI in Legal Practice Without Losing $10,000

Last updated on February 5, 2026 by Tim Kowal
In the first half of their conversation with James Mixon, Managing Attorney at California's Second District Court of Appeal, Tim Kowal and Jeff Lewis ask what is healthy AI use, and unhealthy use? To help organize—yes! To replace judgment—no! Tip: When an attorney does not read AI output before filing a brief, expect sanctions. Disclaimer:...Read More >>

A Supreme Lemon: Michelle Fonseca on used-car consumer protections after Rodriguez

Last updated on January 28, 2026 by Tim Kowal
Lemon Law lawyer Michelle Fonseca-Kamana discusses the seismic shifts in California lemon law—from the Supreme Court's decision in Rodriguez v. FCA US LLC (October 31, 2024) 17 Cal.5th 189 that effectively eliminated most used car claims, to the explosion in case filings (from 4,500 in 2015 to over 22,000 in 2023), to new legislative reforms under...Read More >>

Federal contempt is broader than Cal. contempt, & PAGA victory becomes a “smoldering ruin”

Last updated on January 20, 2026 by Tim Kowal
You have to literally disobey an order in California to be held in contempt. But federal courts are a little more touchy-feely: they will find a contempt for violating the “spirit” of their orders. Tim and Jeff compare the Ninth Circuit's contempt finding against Apple in the *Epic Games* dispute, and a state litigant who...Read More >>

New Civ Pro Rules for 2026

Last updated on January 7, 2026 by Tim Kowal
California’s New Legal Rules for 2026: AI, Photo Proof of Service, and Simpler Statements of Decision New statutes and court rules taking effect in 2026 and 2027 will change how California lawyers serve papers, preserve appellate issues, and disclose their use of artificial intelligence. Appellate attorneys Tim Kowal and Jeff Lewis focus on what actually...Read More >>

$25K for a Malicious Anti-SLAPP & Other Bad-Lawyering Sanctions

Last updated on December 30, 2025 by Tim Kowal
AI-sanctions might get eyeballs, but the bigger sanctions are still for plain old bad lawyering. Jeff also raises this ethical and pragmatic question: who defends the lawyer when sanctions threaten the client? Should counsel facing an OSC retain separate counsel for the sanctions component to avoid divided attention and better protect client interests? What if...Read More >>

Media immunity and civil bounty hunters

Last updated on December 19, 2025 by Tim Kowal
A scandalous Netflix documentary called an unconventional sex-based therapy business an “orgasm cult,” all based on a sole source whose account has several flaws. But the Court of Appeal dismissed the defamation case on anti-SLAPP grounds. Tim and Jeff discuss whether any California defamation case against a media company could survive the one-two punch of...Read More >>

Why AI Cites Really Bother the Courts

Last updated on December 4, 2025 by Tim Kowal
Want to know why bad AI cites really bother the courts? Jeff and Tim discuss two recent fake-AI-cites cases imposing sanctions and State Bar referrals, and draw this conclusion: It’s not that AI is bad at law—in one of these cases, the court noted that none of the AI mistakes even went in the direction...Read More >>

Pronouns at the Supreme Court & AI Arbitrators

Last updated on November 12, 2025 by Tim Kowal
The California Supreme Court’s long-awaited "Taking Offense" decision on gender pronouns in elder care facilities introduces a new “captive audience” exception to the First Amendment. Tim worries this new judicial carve out may creep to other forums; Jeff is unperturbed. Tim also shares insights from the Federalist Society National Conference, before examining a significant appellate-fee...Read More >>

What’s on Judges’ Minds, with Jimmy Azadian: From Threats to Judges to the ‘Turn It Down’ Law

Last updated on November 5, 2025 by Tim Kowal
Jimmy Azadian is often in the room when federal judges get together to share their personal concerns about the job. When judges are asked to come speak to a group, Jimmy reports that top of mind are the recent threats to judges and the courts—whether from armed vigilantes, protesters, students, or senators. Jimmy, Tim, and...Read More >>
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Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

"Do not worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats."

— Howard H. Aiken

"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."

— Plato (427-347 B.C.)

"God made the angels to show Him splendor, … Man He made to serve Him wittily, in the tangle of his mind."

— Sir Thomas More in Robert Bolt's A Man for All Seasons

"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else."

— Hon. Sir Owen Dixon, Chief Justice of Australia

"Moot points have to be settled somehow, once they get thrust upon us. If an assertion cannot be proved, then it must be settled some other way, and nearly all of these ways are unfair to somebody."

—T.H. White, The Once and Future King

"A judge is a law student who grades his own papers."

— H.L. Mencken

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

— James Madison, Federalist 62

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor."

Rubin v. Green (1993) 4 Cal.4th 1187

"Upon putting laws into writing, they became even harder to change than before, and a hundred legal fictions rose to reconcile them with reality."

— Will Durant

"So far as the beginnings of law had theories, the first theory of liability was in terms of a duty to buy off the vengeance of him to whom an injury had been done whether by oneself or by something in one's power. The idea is put strikingly in the Anglo-Saxon legal proverb, 'Buy spear from side or bear it,' that is, buy off the feud or fight it out."

— Roscoe Pound, An Introduction to the Philosophy of Law

"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

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