Kowal Law Group Logo

Diverse Perspectives

| article | | Legal News | | podcast | | Videos |

Tag: Disqualification

June 7, 2023
Judge’s biased statements could be raised in disqualification statement a year later

A challenge to a trial judge for cause is subject to waiver if not filed at the earliest practicable opportunity. North American Title waited a year in ****************************************North Am. Title Co. v. Sup. Ct. (Fresno) (D5 May, 19, 2023 No. F084913) --- Cal.Rptr.3d --- (2023 WL 3560761), before accusing the judge of bias for his […]

Read More
October 27, 2022
CEB has my article, “Don’t Seek Default Without Notifying Opposing Counsel”

CEB has published my article, “Don’t Seek Default Without Notifying Opposing Counsel,” available at  https://bit.ly/3WjAZ4m The PDF article is here: Tim Kowal_CEB has my article, “Don’t Seek Default Without Notifying Opposing Counsel”.pdf The article summarizes a recent case, Shapell Socal Rental Properties, LLC v. Chico’s Fas, Inc. (D4d3 Oct. 17, 2022 no. G060411) ___ Cal.Rptr.3d […]

Read More
March 14, 2022
Order Granting Withdrawal of Attorney Is Not Appealable

No wonder the attorney in Elias v. Jensen (D4d3 Mar. 3, 2022 no. G060098) 2022 WL 620013 (nonpub. opn.) moved to withdraw: her client had “demoted [her] to co-counsel,” the client was filing documents under his own name, and the client had filed a State Bar complaint against her. So it is no wonder the […]

Read More
September 2, 2021
Supreme Court Directs Appellate Court to Show Cause After Summarily Denying Writ Petition

You might know that petitions for writs of mandate filed in the California Courts of Appeal are rarely granted. And that petitions for review in the Supreme Court are granted even more rarely. But a recent case gives an idea what it looks like when they are granted. Promptly after the assignment of a judge […]

Read More
July 27, 2021
Angelina Jolie's Writ Petition Granted to Disqualify Judge for Appearance of Bias

As the legal community tests the waters with in-person trials after the Covid lockdowns, pro tem judges may continue to be an attractive option. Like private arbitration, pro tem judges offer more flexibility and availability than Superior Court judges. And contrary to arbitration, parties electing to use a pro tem judge preserve their right to […]

Read More
July 26, 2021
Lawsuit Against Judge in Disney Estate Case, Dismissed by District Court, Held Moot by 9th Circuit Because Judge Reassigned Himself

In the ongoing probate litigation over the Disney estate in Lund v. Cowan, No. 20-55764 (9th Cir. 2021), the 9th Circuit recently called probate court "the Unhappiest Place on Earth" in response to Los Angeles Superior Court Judge David Cowan's actions against Walt Disney's grandson, Bradford Lund. Lund had already waited 15 years for his […]

Read More
December 18, 2020
No Safe Spaces: Arbitrator Not Disqualified Due to Claimed Political Bias; Appellant Sanctioned $56,000 for Frivolous Appeal

Appellant and attorney sanctioned a blistering $56,000 for their frivolous appeal. (Malek Media Group LLC v. AXGC Corp. (D2d3 Dec. 16, 2020) No. B299743.) After a business dispute was decided against him, appellant decided to trawl the internet for dirt on the arbitrator, who, he discovered, was a founding member of GLAAD and maintained a Twitter […]

Read More
October 3, 2020
Cal Appellate News for Lawyers (Oct. 5, 2020): Juror Peremptory Challenges, Appealability of SLAPP Orders, Appeal Bonds, 170.6 Challenges After Appeal, and More

On Episode 5 of the Cal. Appellate Law Podcast, We Discuss Juror Peremptory Challenges and More SLAPP Orders My colleague Jeff Lewis and I started the California Appellate Law Podcast because many of our best clients are attorneys, and we wanted to create a resource to help these attorneys avoid falling into appellate traps before they […]

Read More

Tags

Abuse of Discretion (24)
ADA and Unruh Accessibility Actions (2)
Administrative Law (1)
Admission of Improper Evidence (10)
Alter Ego (2)
Amicus Briefs (3)
Anecdotes (1)
Anti-SLAPP (38)
Appealability (8)
Appealability and Appealable Orders (45)
Appealable Orders (4)
Appeals Dismissed (2)
Appeals Treated as Writs (4)
Appellate Bonds (8)
Appellate Briefing (11)
Appellate Practice (8)
Appellate Sanctions (15)
Arbitration (31)
Art of Persuasion (1)
Attorney Client Privilege (2)
Attorney Fees (22)
Attorney Fees - CCP 1021.5 (1)
Attorney Feese (1)
Attorney Misconduct (1)
Bankruptcy (1)
Benefits Obtained Trespass Damages (1)
Briefing (18)
California Supreme Court (23)
CCP 998 Offers (12)
Civil Code 3334 (1)
Civil Theft (2)
Civility (18)
Class Actions (4)
Clear and Convincing (2)
Clerks Service of File Stamped Judgment (1)
Closing Argument (1)
Collateral Orders (16)
Comments (2)
Common Interest Doctrine (1)
Consenting to Judgments (1)
Constitutional Law (4)
Constitutional Litigation (1)
Contempt (3)
Court Reporters (2)
Covid (1)
Cross-Appeals (1)
Defamation (1)
Default Judgments (7)
Demurrers (5)
Depublished Opinions (7)
Designating the Record (1)
Dicta (1)
Discovery (9)
Disentitlement Doctrine (7)
Dismissals (15)
DismissalsAppealability and Appealable Orders (1)
Dismissed Appeals (12)
Disqualification (8)
Dissents (16)
Employment Law (4)
En Banc (1)
En Banc Review (4)
Erie Problems (1)
Ethical Duty of Candor (7)
Evidentiary Objections (14)
Evidentiary Presumptions (1)
Excessive Damages (5)
Exclusion of Evidence (14)
Exhaustion of Remedies (1)
Expert Opinions (4)
Experts (12)
Family Court (1)
Family Law (11)
Federal Appeals (20)
Federal Courts (23)
Finality and Final Orders (2)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (9)
first amendment (3)
Forfeiture (2)
Forfeiture and Waiver (3)
Free Exercise (1)
Free Speech (1)
Frivolous Appeals (3)
Frivolous Motions (4)
Harmless Error (3)
Implied Findings (10)
Inconsistent Verdicts (1)
Incorrect Decisions (1)
Inherent Authority (1)
Invited Error (2)
Issue Selection on Appeal (1)
Judgment Enforcement (20)
Judicial Admissions (2)
Judicial Bias (4)
Judicial Estoppel (1)
Judicial Immunity (1)
Judicial Misconduct (2)
Judicial Notice (1)
Judicial Philosophy (1)
Jurisdiction (12)
Juror Misconduct (1)
Juror Peremptory Challenges (3)
Jury Instructions (4)
Jury Waivers (3)
Landlord Tenant (3)
Law and Motion (3)
Law of the Case (1)
Legal Ethics and Professional Responsibility (6)
Legal Practice (3)
Legal Tech (4)
Legal Writing (30)
Litigation Tips (6)
Local Rules (1)
Mediation (6)
Medical Rights (2)
Memorandum Opinions (1)
Mischief (28)
Mistrials (2)
Moot Appeals (1)
Mootness (13)
Motions for Judgment on the Pleadings (1)
Motions for Reconsideration (11)
Motions in Limine (5)
Motions to Dismiss (4)
Motions to Quash (1)
Motions to Vacate (4)
Motions to Vacate and Set Aside Judgments (7)
New Arguments (1)
New Trial (2)
New Trial Motions (12)
Ninth Circuit (8)
Ninth CircuitAbuse of Discretion (1)
Nonsuit (1)
Nonsuits JNOVs and 631.8 Judgments (1)
Notice of Appeal (1)
Notices of Appeal (22)
Notices of Entry (5)
Oral Argument (28)
Out-of-State Litigant (1)
PAGA Actions (3)
PAGA Attorney Fees (1)
Per Se Errors (2)
Personal Jurisdiction (6)
Persuasion (2)
Petitions for Rehearing (2)
Petitions for Review (6)
Pleadings (2)
Post Reversal (1)
Post Reversal Issues (2)
Post-Appellate Issues (1)
PostJudgment Litigation (1)
Posttrial Motions (12)
Precedent (1)
Preclusion (1)
Prejudicial Error (5)
Preliminary Injunctions (14)
Premature Appeals (2)
Premises Liability (1)
Pretrial Issues (3)
Pretrial Procedure (7)
print (29)
Probate Appeals (8)
Product Liability (1)
Property Rights (1)
Public Records Act and FOIA Requests (1)
Punitive Damages (1)
Race and the law (1)
Record (1)
Record Designation (3)
Record on Appeal (25)
Recovery of Costs (4)
Referral Fees (1)
Remote Arguments (2)
Respondent Arguments (9)
Restraining Orders (4)
Review as Writ Petition (1)
Right to Jury Trial (5)
Sanctions (16)
Settled Statements (2)
Settlements (10)
Split Decisions (1)
Split of Authority (1)
Splits of Authority (25)
Standards of Evidence (3)
Standards of Review (10)
Standing (5)
Stare Decisis (3)
State Civil Procedure Comparison Project (2)
Statements of Decision (29)
Stays (3)
Stays on Appeal (23)
Stipulated Judgments (7)
Stipulated Reversals (5)
Substantial Evidence (7)
Summary Judgment (3)
Summary Judgments (5)
Summary Judgments and Summary Adjudications (14)
Summary Reversal (1)
Summary Reversals (1)
Support Awards (1)
Tentative Opinions and Focus Letters (7)
Tentative Rulings (4)
the court noted (0)
Third Parties and Nonparties (1)
Timeliness (12)
Timely and Untimely Appeals (22)
Trade Restraints (1)
trademark (1)
Treble Damages (1)
Trespass (1)
Trial by Reference and Pro Tem Judges (2)
Trial Irregularities and Structural Errors (8)
Trial Procedure (11)
Trial Strategy (17)
Trial Tips (1)
Trust and Probate (6)
Typeface (1)
Typography (1)
U.S. Supreme Court (3)
Unpublished Opinions (22)
Unsupported Arguments (1)
Untimeliness (2)
Void and Voidable Judgments (2)
Waived and Forfeiture (2)
Waiver (2)
Waiver and Forfeiture (25)
Writ Petitions (15)
Writs of Mandamus (1)
Writs of Mandamus (CCP 1085) (3)

"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

"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

"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

"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

"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.)

"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

"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

Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

menuchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram