Kowal Law Group Logo

Diverse Perspectives

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

Tag: Pretrial Procedure

February 28, 2023
Ten Trial Tips That Appellate Specialists Want You to Know

You trial attorneys have a job to do. That job is to win the trial. And you can’t always do that and win the appeal at the same time. So you can’t pick a fight on every point. But, you had better fight the ones that turn the case. And, you had better make a […]

Read More
February 20, 2023
Ten Trial Tips from an Appellate Specialist

Last week I presented my talk “Ten Trial Tips from an Appellate Specialist” to the San Francisco Lawyers Network (Feb. 16, 2023). Here are the tips: Rule Zero: Make the Record #1 Make sure your theories of the case are captured in your pleadings #2 Was key evidence excluded? Preserve the issue by making a […]

Read More
January 17, 2023
Recent Case Tips on Expert Objections, and Strategy on MSJ & SLAPP Hearings

Gearing up for trial with experts? You’re ready with your Sargon and Sanchez objections. But don’t forget Kelly: if the expert’s opinion is outside the consensus, that’s not a Sargon objection—you have to be ready with a People v. Kelly objection. Filing an MSJ? If the court sets your hearing after your trial date, you’re entitled to get it advanced—or to have your trial […]

Read More
January 6, 2023
A Timely MSJ Is Entitled to a Timely Hearing, Appellate Court Holds

Ever file a motion only for the clerk to give you a hearing date after trial. Lot of good that does. That happened to the defendant in Cole v. Superior Court, No. D081299 (D4d1 Dec. 30, 2022). So he filed an ex parte to get a timely hearing or continue the trial. But the trial […]

Read More
August 25, 2022
Filing Suit Tolls Any Cross-Claims, Even Merely Permissive Cross-Claims

After being sued, you have to answer the complaint. That part is obvious. But what about a cross-complaint? If you have cross-claims against the plaintiff, and you don’t assert them right away, can they become time-barred? Until now, this was a concern. But the recent published opinion in Paredes v. Credit Consulting Servs. (D6 Aug. […]

Read More
June 29, 2021
Preserving Trial Objections, and Alternative Takes on a Recent Appellate Contempt Citation: An Interview with Frank Lowrey on the Cal. Appellate Podcast ep. 13

Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine, in a June 2021 interview in episode 13 of the California Appellate Law Podcast. Frank notes the important nuances in rulings on motions in limine: a denial preserves the evidentiary objections […]

Read More
May 12, 2021
Update Your Trial Bookmarks: Dispositive Motions in Limine and Nonstatutory Motions for Judgment on the Pleadings "a Recipe for Reversal"​

There is an important point of trial practice about filing dispositive motions in limine in Tung v. Chicago Title (D1d3 Apr. 28, 2021) no. A151526 (published). That point is: Don't. The same point is made about relying on nonstatutory motions for judgment on the pleadings. Finally, there is also an excellent tip for expediting an appeal of an […]

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)

"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

"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

"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

"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

"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

"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

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

Leviticus

"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

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