The California Appellate Law Podcast

After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover: Loper Bright v. Raimondo,ChevronCFPB v. Comm. Fin. Svcs Assn,Trump v. AndersonFischer v. U.S.RahimiRahimiRahimihereAdam Feldman biography, LinkedIn profile, and Twitter feed. 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 Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: https://empiricalscotus.com/Tim Kowal’s YouTube channelLegal Data Analytics | Optimized Legal Solutions (feldyfied.wixsite.com)

Adam Feldman watches Supreme Court trends: voting blocs both usual and unusual, numbers of concurring and dissenting opinions, and other analytical ways of predicting outcomes. In our discussion, we cover: We then tee things up to do a round up of the 2023-2024 term. Adam Feldman biography, LinkedIn profile, and Twitter feed. 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 Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: https://empiricalscotus.com/Tim Kowal’s YouTube channelLegal Data Analytics | Optimized Legal Solutions (feldyfied.wixsite.com)

While the Supreme Court wrapped up its term, the Ninth Circuit had some interesting cases of its own. Carjacking is “nonviolent,” for-profit prisons are constitutional, and Covid vaccine religious exemptions are on the table. Practitioners might also look forward to focus letters and earlier panel notifications. All this and other recent cases and news. Gutierrez v. GarlandNielsen v. ThornellBacon v. WoodwardSanzone v. DCH Korean Imports, LLCNo meet and confer, get sanctioned.*Gordon v. ChandlerA minute order is not a statement of decision. O'Neill v. CaraU.S. v. Duarte aka ShortyAssembly Member GarciaAB-2125 Judicial officers: disqualificationTrying to Retire, AgainAppellate 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode:

A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Lawyer Toolkit: Untimely Appeals May Be Excused If There Was a Mishap with E-FilingGarg v. GargWastexperts, Inc. v. Arakelian Enters.Tim’s writeupLate appeal deemed constructively filed on time, In re SantosTim’s writeupKeeton v. Tesla, Inc.Legislature v. WeberLoeber v. Lakeside Joint School DistrictRead the full article here: https://bit.ly/4dsSvL4

Previously in part one, criminal-defense attorney Don Hammond explained why, post-Bruen, states may no longer impose discretionary constraints in concealed-carry permitting regimes. But will that change after the Supreme Court’s recent 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing firearms was consistent with the Second Amendment tests under Heller and Bruen? ** Rahimi, when attempting to comport it with Heller and Bruen, **gets a bit confusing—so what are lower courts to do with it? But one thing Rahimi did emphasize is the actual violence Rahimi committed—so would California’s authorization of disarming restraining orders merely to protect “mental calm” pass muster? Then we circle back and ask: if the Legislature amended the CCW laws to make nondisclosure a ground for denying a CCW, would that pass muster under Rahimi? The answer seemed easy a few weeks ago, but is suddenly a bit more difficult. Don Hammond’s biography and LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Bad facts make bad law: RahimiNew York State Rifle & Pistol Assn., Incv. Bruen597 U.S. 1United States v. RahimiParris J. v. Christopher U.SCOTUS approves disarmament on restraining orders for “physical safety” but suggests limitsTim Kowal’s YouTube channel

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this second half of our interview, Justice Earls talks about how she found herself under investigation for calling for judicial reform. We previously asked Aliza Shatzman why the Legal Accountability Project is necessary: don’t judges police their own, we asked? The answer is: yes, but not in the way you’d hope. Anita Earls’ wiki, LinkedIn profile, and Twitter/X feed. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: https://www.fd.org/news/lone-black-nc-supreme-court-justice-drops-suit-over-diversity-comments-probe-droppedhttps://apnews.com/article/north-carolina-justice-ethics-drops-lawsuit-24763cfa64aca0fc58e559ca4ffe5cf9https://www.nytimes.com/2023/08/31/us/north-carolina-supreme-court-anita-earls-bias.htmlhttps://news.un.org/en/story/2024/02/1146202https://apnews.com/article/north-carolina-supreme-court-justice-ethics-panel-b9ce0a7b9e5ab2c7dcbed02d6c74faedhttps://statecourtreport.org/our-work/analysis-opinion/conversation-justice-anita-earls-north-carolina-supreme-courtEpisode 39Tim Kowal’s YouTube channel

Just because you’re law-abiding doesn’t mean you won’t need a criminal-defense attorney. There are more criminal laws in federal and California state law books than you could read in a decade. (I asked ChatGPT: if you printed them all out, they would be taller than the 24-story AT&T building in San Diego.) Enter Criminal Defense Hero Don Hammond. In addition to his services on behalf of good people who made mistakes or find themselves abused by the system, Don is an expert in firearms training and licensing. In this first part of our discussion, we talk with Don about the brand new—and procedurally unique—post-Bruen concealed-carry permitting regime, which replaces the near-completely discretionary system with a “shall issue” procedure. In a recent writ of mandamus, the Superior Court ruled that merely failing to disclose a long-expired restraining order is not grounds to deny a CCW permit, because that is not one of the statutorily-enumerated grounds for denying a CCW. Stay tuned for the second part where Don talks about the Supreme Court’s 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing firearms was consistent with the Second Amendment tests under Heller and Bruen. Rahimi, when attempting to comport it with Heller and Bruen, **gets a bit confusing—so what are lower courts to do with it? But one thing Rahimi did emphasize is the actual violence Rahimi committed—so would California’s authorization of disarming restraining orders merely to protect “mental calm” pass muster? Then we circle back and ask: if the Legislature amended the CCW laws to make nondisclosure a ground for denying a CCW, would that pass muster under Rahimi? Don Hammond’s biography and LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: Bad facts make bad law: RahimiNew York State Rifle & Pistol Assn., Incv. Bruen597 U.S. 1United States v. RahimiParris J. v. Christopher U.SCOTUS approves disarmament on restraining orders for “physical safety” but suggests limits

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this first part of our interview, we discuss Justice Earls’ path from a 30-year civil rights attorney to supreme court justice, and many data- and experience-driven reforms that aim to alleviate prison loads, criminal dockets, and get juveniles reformed rather than mired in the penal system. We also discuss some positive civil-rights trajectories over her career (such as increased scrutiny of abusive police practices), and not-so-positive trajectories (such as qualified immunity, as ever, a parade of absurdities). This will set us up to discuss how Justice Earls found herself under investigation for calling for judicial reform, which we’ll cover in part two. Anita Earls’ wiki, LinkedIn profile, and Twitter/X feed. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: https://www.fd.org/news/lone-black-nc-supreme-court-justice-drops-suit-over-diversity-comments-probe-droppedhttps://apnews.com/article/north-carolina-justice-ethics-drops-lawsuit-24763cfa64aca0fc58e559ca4ffe5cf9https://www.nytimes.com/2023/08/31/us/north-carolina-supreme-court-anita-earls-bias.htmlhttps://news.un.org/en/story/2024/02/1146202https://apnews.com/article/north-carolina-supreme-court-justice-ethics-panel-b9ce0a7b9e5ab2c7dcbed02d6c74faedhttps://statecourtreport.org/our-work/analysis-opinion/conversation-justice-anita-earls-north-carolina-supreme-courtTim Kowal’s YouTube channel

We have a few big cases to cover: Buck v. BellAppellate 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: Tim Kowal’s YouTube channel**Late payment does not defeat arbitration because that CAA rule is preempted by FAA—but Justice Baker dissentsHernandez v. Sohnen Enters.**Courts cannot limit 170.6 challenges by local ruleLorch v. Superior CourtFood & Drug Admin. v. All. for Hippocratic Med.

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. In the previous episode we discussed why it was controversial. (Short version: because the Court of Appeal, sub silentio, thumbed its nose at the Supreme Court and concluded that a missing finding required by statute gives you a an automatic get-a-new-trial-free card.) In this second part of our discussion, we discuss analogous situations with the Racial Justice Act, and in the example of family law financial disclosures—where in a closely analogous situation the Court of Appeal held exactly the opposite of Abdelqader. John explains what attorneys are supposed to do with two conflicting authorities—with one of them being the Supreme Court. Hint: you have both arguments available to you, but as an attorney, unlike the Court of Appeal, when the Supreme Court has rejected your argument you have to say so. John Sylvester’s biography and LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: ***Abdelqader v. AbrahamF.P. v. MonierMarriage of Burgerrecently discussedhereTim Kowal’s YouTube channel

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. Why was it controversial? Because the Court of Appeal thumbed its nose at the Supreme Court, which had held in F.P. v. Monier that just because the trial judge forgets to make a required written finding you don’t get an automatic get-a-new-trial-free card. Abdelqader held that, in custody matters, you do get an automatic get-a-new-trial-free card. In this first part of our discussion, John lays out the all-important statement of decision process, and the constitutional mandate that led the Supreme Court to hold that a defective statement of decision doesn’t give you an automatic get-a-new-trial-free card. That sets up part two of our discussion in the next episode in which we discuss analogous situations with the Racial Justice Act, and in the example of family law financial disclosures—where in a closely analogous situation the Court of Appeal held exactly the opposite of Abdelqader. John explains what attorneys are supposed to do with two conflicting authorities—with one of them being the Supreme Court. John Sylvester’s biography and LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: ***Abdelqader v. AbrahamF.P. v. MonierMarriage of Burgerrecently discussedhereTim Kowal’s YouTube channel

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. In the continuation of our discussion in the last episode, Carl Mueller shares his top 10 tips to avoid them and win them. The tips include: Carl I. S. Mueller’s biography, LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Tim Kowal’s YouTube channel

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. Carl Mueller litigates these billing disputes and explains what attorneys should know to avoid them and to win them: In the next episode, we will cover Carl’s top 10 tips for avoiding a fee dispute. Carl I. S. Mueller’s biography, LinkedIn profile. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Pech v. MorganTim Kowal’s YouTube channel

Appellate justices’ research attorneys are the ones advising the justices about your arguments and writing the opinions. We discuss 10 tips offered at a recent Orange County Bar Association event. Here is a taste: 😮 Biggest surprise: The Court of Appeal wants hyperlinked briefs. They want to be able to click on your record cites to confirm your fact statements. If you wondered how to get the partners at your firm to get you a Clearbrief subscription, tune in. 😡 Start your brief by identifying the judgment or order you’re challenging. This is a court of review, after all—so tell them up front what you want them to review. 📃 Read your Table of Contents. The justices do. So make it persuasive. 🥴 We also discuss the recent Masimo v. Vanderpool Law Firm case, as the Court of Appeal continues to make examples of uncivil lawyers. The recurring theme is: build trust. Good cites, organization, and civility build trust. Bad cites, poor organization, and incivility can get you sanctioned. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Tim Kowal’s YouTube channel

Last time, we set the table with special-education attorney Tim Adams to discuss the big 9th Circuit win for parents of kids with IEPs (individualized education protocols). Now we dig in to Irvine Unified School District v. Landers and Gagliano. After covering the fact that the school district, to get out of helping a dyslexic student get the help she needed, spent over $1.13 million on its attorneys in over five-years of litigation involving a “trial by experts.” In this discussion, Tim Adams explains that IEPs are a constitutional right, so school districts are not legally permitted to consider their costs. Yet school district spokespersons take to the press to decry how these lawsuits are breaking the bank. So what is going on here? Tim Adams’ biography. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Irvine Unified School District v. Landers and GaglianoWhy One School District Spent $1 Million Fighting a Special-Education Student - WSJEpisode 69, Special Education Law with Tim AdamsTim Kowal’s YouTube channel

A big 9th Circuit win for parents of kids with IEPs (individualized education protocols) came down recently, and the prevailing attorney is podcast alum Tim Adams. In the first of this two-part discussion, we set the table to discuss Irvine Unified School District v. Landers and Gagliano. For example, to understand why parents trying to help their dyslexic daughter needed to make a federal case out of it, you should know: 💵 The school district spent over $1.13 million on its attorneys (at hourly rates up to $1300!). 🥼 The hearings in these cases are often a “trial by experts.” 🙈 IEPs are a constitutional right, so school districts are not legally permitted to consider their costs—but obviously they do. So how does that work? ⚔️ Parents wrongfully denied an adequate IEP have no recourse but to get their children the resources they need—out of pocket—and then fight for reimbursement. Tim Adams’ biography. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Irvine Unified School District v. Landers and GaglianoWhy One School District Spent $1 Million Fighting a Special-Education Student - WSJEpisode 69, Special Education Law with Tim AdamsTim Kowal’s YouTube channel

Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you remove before the complaint is officially filed. The 9th Circuit just rejected those. We discuss Casola v. Dexcom, Inc., and how to learn about lawsuits before they are even filed. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Casola v. Dexcom, Inc.Tim Kowal’s YouTube channel

Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happens, the Legislature has declared not only that this is against law, but operates as a get-a-new-trial-free card. But the California Constitution prohibits get-a-new-trial-free cards. Instead, no judgment may be reversed—even if the judgment is rife with error—unless the error results in a “miscarriage of justice.” Consider how these opinions might be reconciled: People v. UriosteguiPeople v. SimmonsF.P. v. MonierAbdelqader v. AbrahamIn re Marriage of Steiner and Hosseini117 Cal.App.4th 519Appellate 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: OriosteguiThe Racial Justice Act Is Unconstitutional

Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include: 👉 Know your appealable issues—appeal now, or lose it forever! 👉 Request a statement of decision. Don’t need to, you say? Judge already gave a tentative opinion, you say? You really need to hear this advice. 👉 Get the standard of review right, and use this tip when challenging discretionary rulings. 👉 Brief like an appellate attorney: Put cites on everything. Put headers on everything. 👉 Make a record! And five more! One thing we didn’t cover: Making Family Code § 2122 set-aside motions. Definitely consider that in your case. 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: Abdelqader v. AbrahamherehereMarriage of BurgerHutchinsAttorney who ignored appellate rules hit with $50k in sanctionsTim Kowal’s YouTube channel

The U.S. Supreme Court provides awaited guidance on public officials’ use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss: Lindke v. FreedAppellate 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 Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel. Other items discussed in the episode: Lindke v. FreedTriCoast Builders v. FonnegraJones v. Solgen Construction, LLCRemini v. Church of Scientology“Motion granted, Bimbo!”Wood v. S.F. Cnty. Superior CourtTim Kowal’s YouTube channel