Description

Every attorney knows that to reverse an order, it’s not enough to prove error. You also have to prove the error harmed your client. But when the Court of Appeal in Transcon Financial, Inc. v. Reid & Hellyer reversed a sanctions order for the reason that the offending party was not given the full 21-day safe-harbor period (motion was filed a day early), the court did not explain why the one extra day would have mattered.

What’s going on here?

Jeff and Tim also discuss some other nuts-and-bolts cases that attorneys should bookmark:

• All defamation lawsuits involving the management of publicly-traded companies are not necessarily SLAPP-able as arising from a public issue. (Heffernan v. Bilzerian.)
• The 21-Day Safe Harbor Means 21 Days: Motion Filed Day 21 Is Too Early.
• Don’t Seek Default Without Notifying Opposing Counsel.
• Oral MSJ ruling cuts off ability to accept 998 offer. (Trujillo v. City of Los Angeles.)
• Forwarding email to hotel clerk to print destroys the privilege.
• Good recap on recent church-and-state showdowns: Covid-restrictions on churches are likely unconstitutional where secular establishments are exempted.

Other items discussed in the episode:

• Justice Jackson’s voluble oral argument style, via Adam Feldman.
• Memes in judicial writing, via Eric Goldman.
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

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

Sign up for “Not To Be Published,” Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.

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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.