Description

When you look up an answer whether an order is appealable, the cases are supposed to give you straight answers. But here are three cases that give surprising answers. (Ok, really just two — if you are surprised by the second one, you were mistaken.)

• Reed v. Aviva USA Corp. (See Tim’s writeup on Reed here.)
• Liang v. Shi  (See Tim’s writeup on Liang here.)
• Marriage of Deal  (See Tim’s write up on Deal here.)

Also: Counsel horse-traded verdict forms in a recent med-mal case in Silvester v. Niparko for limitations on judgment-enforcement. (See Tim’s write up on Silvester here.)

Other items discussed in the episode:

• Brach v. Newsom (9th Cir., June 15, 2022, No. 20-56291), denying the challenge to a Covid-19 school closures  as moot. But not all judges agree on this point of mootness, as a LASC judge recently struck down a LAUSD vaccine mandate.
• Field v. U.S. Bank (June 9, 2022, B309111): Evasive discovery responses used against the responding party on MSJ.
• The “victory bell” case in which successful counsel bragged about their defense in a medical-malpractice case, describing the case as involving “a guy that was probably negligently killed, but we kind of made it look like other people did it.”
• Appellate Practice Network launches! Members have access to the statewide network of appellate attorneys through a free listserve. Click HERE to join the Appellate Practice Network.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography,

Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.