Kowal Law Group Logo

Diverse Perspectives

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

Tag: Dissents

January 11, 2024
Justice Baker is not a big fan of Costco

Costco charged a shopper with theft for putting a $117 package of Gillette razors underneath a big bag of dog food. The shopper sued for malicious prosecution, but the trial court granted Cosco’s anti-SLAPP, and the panel majority in Gylfie v. Costco Wholesale Corp. (D2d5 Dec. 27, 2023 No. B320694 [nonpub. opn.] affirmed. Making a […]

Read More
November 28, 2023
Defense verdict reversed because admitting complaints against employee were prejudicial

One thing that someone complains about after every trial is that the other side offered prejudicial evidence that the judge should have excluded. It’s almost always a loser argument. But it carried the day in Argueta v. Worldwide Flight Servs. (D2d8 Nov. 8, 2023 No. B306910) [nonpub. opn.]. Dissenting, Justice Grimes still thought it was […]

Read More
November 8, 2023
Dissent would invalidate loan where lender is unlicensed

North American made more than 300 home loans without a license, Justice Dato noted in his dissent in Lagrisola v. North American (D4d1 Nov. 3, 2023 No. D080758). Plaintiffs were among the borrowers, and sued to recover all “illegal interest” and finance charges the lender had charged on their loan. The trial court disagreed with […]

Read More
November 9, 2022
$2.5M Discovery Sanction Reversed Because Not Authorized by a Specific Statute, But Justice Grimes Pens a Strong Dissent

Unless there is a specific section of the Discovery Act authorizing it, an award of sanctions may not be imposed. So the $2.5 million in sanctions awarded for the City of Los Angeles’s “egregious” abuses in City of Los Angeles v. PricewaterhouseCoopers, LLC (D2d5 Oct. 20, 2022 No. B310118) ---- Cal.Rptr.3d ---- (2022 WL 12010415) […]

Read More
June 13, 2022
1999 Judgment Not “Final,” 40-Year-Old Murder Convict Must Receive Juvenile Hearing Under Proper 57

In a 4-3 decision, the majority in People v. Padilla (May 26, 2022, no. S263375) --- Cal.5th ---, started with the proposition that California’s Prop 57, which requires minors to be charged in juvenile court, is retroactive in all nonfinal cases. But when is a case “final”? Here, Padilla, who at age 16 murdered his […]

Read More
April 28, 2022
Litigating for 13 Months Does Not Waive Arbitration, But Dissent Disagrees

[Update: After I filed an amicus curiae request for publication of this opinion, the Court granted rehearing on its own motion, and re-issued a modified and partially published opinion. The Court published its holding that the defendant seeking arbitration here had not waived arbitration by litigating for 13 months. The result is the same, but […]

Read More
April 25, 2022
“Impossible” Burden Met on Appeal: But Dissent Disagrees

You know about “de novo” and “abuse of discretion” and “substantial evidence.” But most attorneys have never heard of the “finding compelled as a matter of law” standard of appellate review. That is because it rarely comes up. The “compelled finding” standard only comes up when the party with the burden of proof (usually plaintiff) […]

Read More
February 10, 2022
Nonsuit of Punitive Damages Reversed on Appeal

A nonsuit is one of the few exceptions to the ordinary presumptions to affirm on appeal. And so it bore out in *Newnes v. F&M Trust Co. of Long Beach* (D2d1 Jan. 11, 2022 no. B303725) 2022 WL 98179 (nonpub. opn.). Newnes’ claim for punitive damages was dismissed on nonsuit after opening argument at trial […]

Read More
February 2, 2022
Right to Speedy Trial Under 6th Amendment May Be Suspended Indefinitely During Covid, Holds 9th Circuit in Denying En Banc Review

What do judges think about the Covid impacts on court proceedings? Jury trials were put on hold in the early months, and only resumed in fits and starts. In-person appearances began again last year, but are being tabled again. At least as it concerns criminal jury trials, you can get a good sampling of judges’ […]

Read More
December 30, 2021
Do You Really Need a Court Reporter? Read This Debate Between Two Appellate Justices

Hiring a court reporter is expensive. Do you really need a court reporter for every occasion, such as a hearing where no testimony will be offered? Before you answer, consider the perspectives of the appellate justices who disagreed sharply on the question in Weischadle v. Vo (D2d1 Jul. 2, 2021) 2021 WL 2766771 (no. B304845) […]

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)

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

Leviticus

"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

"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

"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

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

— H.L. Mencken

"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

"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 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

"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

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