| Procedural issues create many traps for the unwary: Irregularities in trial court proceedings or ambiguous verdicts may require a new trial; failing to raise an objection in the trial court can foreclose appellate review of an issue; a settlement that purports to preserve the right to appeal can moot the appeal. The list goes on and on. We are experienced in spotting procedural defects and navigating nuances that can be dispositive on appeal. For that reason, trial counsel and clients often consult with us as a case progresses, in order to maximize their chances of success in an eventual appeal. We’ve also gotten appeals dismissed, revived litigation that should not have been dismissed, and successfully developed arguments for affirmance or reversal, all based on procedural issues. |
Civil Procedure Cases by Cynthia E. Tobisman
Click on featured cases (in red) for more information. |
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Fireman’s Fund Insurance Co. v. Superior Court (2011) 196 Cal. App. 4th 1263 (amicus)
Court of Appeal confirms broad scope of attorney-client and work product protection
Robin Meadow
, Robert A. Olson
, Cynthia E. Tobisman
, Jeffrey E. Raskin
Kouri v. BDO Seidman (2007) 2007 Cal. LEXIS 7882
Obtaining depublication of published Court of Appeal opinion regarding liability of CPA firm
Irving H. Greines
, Cynthia E. Tobisman
Davis v. Yageo Corp. (9th Cir. 2007) 481 F.3d 661
Preemption of state-law claims by Bankruptcy Code; res judicata; standing
Robin Meadow
, Alison M. Turner
, Cynthia E. Tobisman
Greines v. Ford (2003) 2003 Cal.App. Unpub. LEXIS 90
Summary judgment reversed in claim against automobile manufacturer for fraud and breach of warranty
Feris M. Greenberger
, Cynthia E. Tobisman
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