Entries by Casey Young

Basic Appellate Principles: “De Novo” Standard of Review

Basic Appellate Principles:   “De Novo” Standard of Review   “Matters presenting pure questions of law, not involving the resolution of disputed facts, are subject to the reviewing court’s independent or “de novo” review.” (Diamond Benefits Life Ins. Co. v. Troll (1998) 66 Cal.App4th 1, 5.) Examples of situations involving independent review are numerous:   […]

Basic Appellate Principles: “Abuse of Discretion” Standard of Review

Basic Appellate Principles:   “Abuse of Discretion” Standard of Review   Trial courts are granted discretion to rule in a number of situations. For example: the granting or denying of a preliminary injunction; whether to stay or deny contractual arbitration; whether to disqualify an attorney because of a conflict of interest; attorney fee awards; discovery […]

Winning Your Appeal at the Trial Court Level: Jury Instructions

Winning Your Appeal at the Trial Court Level:   Jury Instructions   A particular jury instruction is waived if there is not a timely request for it. Also, when dealing with jury instructions, make sure the record is clear as to who requested each instruction. It is important that the record reflects whether any instructions […]

Winning Your Appeal at the Trial Court Level: Law & Motion

Winning Your Appeal at the Trial Court Level:   Law & Motion   All motions must be supported by evidence. Statements of facts in a points and authorities will be ignored by the court of appeal unless supported by declaration. (Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573; Owens v. Intertec Design, […]

Winning Your Appeal at the Trial Court Level: “Statement of Decision”

Winning Your Appeal at the Trial Court Level:   Post-Trial “Statement of Decision”   Request a statement of decision. “The statement of decision provides a record of the court’s reasoning on particular disputed issues which we may review in determining whether its decision is supported by the evidence and the law.” (Gavaldon v. Daimler Chrysler […]

Winning Your Appeal at the Trial Court Level: Make a Record

Winning Your Appeal at the Trial Court Level:   Make a Record   “When practicing appellate law, there are at least three immutable rules: first, take great care to prepare a complete record; second, if it is not in the record, it did not happen; and third, when in doubt, refer back to rules one […]