The California Appellate Law Podcast

Here is our 2024 roundup, and in exchange we have a request for suggestions for 2025 content. If you are an attorney, what content do you prefer? Check out the poll. Now here’s the roundup of updates for 2025: 📅 MSJ Deadlines Are Updated: Remember 81-20-11. With the MSJ hearing as the target, motions must be filed beforehand 81 days, oppositions 20 days, and replies 11 days. 🥈 Making a 2nd attempt at an MSJ? You’ll need leave of court. ⌨️ The court reporter shortage is before the Supreme Court. Stay tuned. Here’s the roundup of notable cases from 2024: 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 Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.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: Tim Kowal’s YouTube channelAmendments to California's Motion for Summary Judgment StatuteAssembly Bill 2049 TextClient Alert: New Summary Judgment Law in California Effective January 1, 2025New Changes to California's Summary Judgment Process: What You Need to KnowCourt Reporter Shortage and Audio Recording in CourtroomsCalifornia CourtsSupreme Court Arguments on TikTok's Foreign Ownership and Nationwide InjunctionsSCOTUSblogCivility in Legal PracticeMasimo Corporation v. The Vanderpool Law Firm Case SummaryThe Uncivil War Raging Before the Cali

Jackie Gardina shares dispaches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways: Jackie Gardina 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 Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases. Other items discussed in the episode: NCBE Study Aids Store:NCBE Study Aids StoreNextGen Bar Exam InformationNextGen Bar ExamThe State Bar of California

There is a 700-appellate case backlog in Los Angeles and only around 450 attorneys on the California Appellate Project—Los Angeles panel. CAP-LA attorneys Jennifer Hansen and Jennifer Peabody share how the rest of us can pitch in to assuage this gap in the administration of justice. Why work as a panel attorney? Tune in to hear how appellate attorneys can make a profound impact while building their careers and enhancing their reputations in the legal community. Jennifer Hansen biography, LinkedIn profile, and Twitter feed. Jennifer Peabody 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. Other items discussed in the episode: Below are links to all five project websites and the application for each. Panel Application Links: https://www.fdap.org/about/applying-to-the-panel/https://sdap.org/about/panel-application/https://capcentral.org/about/how-to-apply/https://www.adi-sandiego.com/panel-attorneys/how-to-become-a-panel-attorney/https://cap-la.org/apply/Examples of online resources for appointed attorneys are below: https://capcentral.org/resources/motion/https://www.adi-sandiego.com/wp-content/uploads/2024/08/Manual-4th-Edition-Oct-2024.pdfwww.cadc.net

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla’s product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs. If your practice depends on producing high-quality briefs, here is why you need Typelaw in your life: Chris Dralla’s 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. Other items discussed in the episode: Tim Kowal’s YouTube channelExplore Type LawType Law's website

In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases. Tim and Jeff analyze the arguments from both sides, unpacking the implications for the legal profession and the judiciary. They explore the balance between maintaining judicial impartiality and the tactical decisions lawyers make to secure favorable venues. 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: Tim Kowal’s YouTube channelUpcoming EventCalifornia Appellate Lawyers PodcastThe Continued Independence of the Judiciary [2024 NLC]Elon Musk's Terms of Service Changes

Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an appellate record is a constitutional crisis. She explains how the General Order is carefully drawn to avoid any prejudice to the interests of the court-reporters association while providing opportunity to create the all-important appellate record. Erin Smith’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: 9/5/24 LASC General OrderLetters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. SmithA Day Without a Court ReporterTim Kowal’s YouTube channel

Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases. Erin Smith’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: 9/5/24 LASC General OrderLetters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. SmithA Day Without a Court ReporterTim Kowal’s YouTube channel

Couldn’t make this year’s ClioCon? Don’t know why you would if you could? Jeff is on location in Austin, Texas, and reports in on the latest legal tech trends, like: We also discuss the new Doxing Victims Recourse Act, Civil Code section 1708.89, which creates a cause of action for online doxing—publishing a person’s personal identifying information (including a photo) with the intent of causing harm to that person. Another dicey intersection between harassment and Free Speech. 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: Wisetime for ClioClio DuoThe Battle for Your BrainTim Kowal’s YouTube channel

In a (non)definitive survey of writing instruments, big-law attorney turned solo employer counsel Michelle Strowhiro reveals her pick for the best pen for lawyers. Then we turn to the U.S. District Court of Texas ruling in Ryan LLC v. FTC, blocking an FTC rule that would ban non-competes. This rule would eliminate trade restraints already banned in California. What comes next? Michelle Strowhiro’s 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. Other items discussed in the episode: Tim Kowal’s YouTube channel

The Supreme Court of California isn’t always interested in money disputes, but throw attorney misconduct into the mix and you get the City of LA v. Pricewaterhousecoopers reinstating a sanction for “egregious” city attorney’s office collusion totaling $2.5 million. Angling for contractual attorneys’ fees in your defense? The recent Am. Bldg. Innovation v. Balfour Beatty Constr. case reminds attorneys to consider whether asserting the contract in an affirmative defense is enough, or if you need to file a cross-complaint. We also discuss: 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: City of Los Angeles v. Pricewaterhousecoopers, LLPPMQ Declarations, Extortion & AI Judges**$2.5M Discovery Sanction Reversed Because Not Authorized by a Specific Statute, But Justice Grimes Pens a Strong Dissent**Prevailing on a Contract Affirmative Defense Gives Rise to Civ. Code § 1717 FeesG062471Wright v. Wrightvia CalAttorneysFees.comJudge Philip S. Gutierrez entered judgment as a matter of law for the NFLReductio ad arbitrium absurdumDisney wants to kick a wrongful death lawsuit in Florida to arbitrationTim Kowal’s YouTube channel

Appellate attorney and Author Myron Moskovitz joins Tim Kowal and Jeff Lewis to discuss appellate writing tips, the importance of the Appellant's Reply Brief and Moot Arguments and his books teaching appellate tips. Appellate Specialist Myron Moskovitz's biography. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases. Resources mentioned in this episode: Winning an AppealStrategies on Appeal

Appellate attorney Anne Grignon joins Tim Kowal and Jeff Lewis to discuss her recent win in Banc of California v. Superior Court, a writ petition from an order compelling arbitration. Anne discusses when and why to take a writ from nonappealable orders. The attorneys then turn to private judging generally, discussing Justice Segal's recent caution about the industry's potential overuse of that privately compensated judges, and Presiding Justice Kline's similar sentiment that "private judging is an oxymoron" and is "undermining public justice.” Anne also shares three tips for your next appellate brief, before the three discuss some recent cases, including strategies to consider in approaching statements of decision. Appellate Specialist Anne Grignon's biography and LinkedIn profile. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed. Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases. Cases and other resources mentioned in this episode: Banc of California v. Superior CourtJolie v. Superior Court of Los AngelesSCANBrown v. TGS Mgm't Co 57 Cal.App.5th 303 (Cal. Ct. App. 2020). Pettie v. Amazon.com, Inc.Hakenjos Hall Prof. Svcs, Inc. v. Korte/Schwartz, Inc.Legendary Builders Corp. v. Grovewood Properties, LLC