Appellate Insights

GMSR’s monthly appellate insights offer concise, timely guidance on appellate issues, and tips for avoiding common pitfalls at all stages of litigation.

Aug 11, 2022 Alana H. Rotter
Don’t Miss An Appealable Order

Most trial court orders are not immediately appealable—review is available only on appeal from a final judgment or via a writ petition.  But some types of orders are immediately appealable.  It’s important to identify those orders, because failing to timely appeal them forever forfeits appellate

Jul 11, 2022 Laurie J. Hepler
Handling Tentative Opinions

For years, only one appellate division in California (based in Riverside) routinely provided tentative opinions before oral arguments.  With dozens of new justices taking seats on the appellate bench around the state, however, more panels have begun to offer tentative opinions for some appeals.  Here

Jun 14, 2022 Alana H. Rotter
What Form Of Verdict Should You Propose?

Litigators preparing for trial often ask whether they should propose a general verdict or a special verdict.  Although there are many strategic considerations, a key one is that special verdicts are more vulnerable to reversal on appeal than general verdicts.  Some reasons for that are:

May 16, 2022 Alana H. Rotter
Covering Your Bases On A New Trial Motion

When pursuing a new trial motion in California state court, the substance is important.  But procedure is also crucial, to set the stage for preserving a new-trial grant or reversing a denial on appeal.  Among the key points: File the notice of intent within the

Apr 18, 2022 Gary J. Wax
How To File An Appeal In California

✅ The Notice of Appeal   The Notice of Appeal is the document that an aggrieved party files in the trial court to start the appeal process.  Filing a notice of appeal notifies the court and the opposing side that an appealable order or final

Apr 15, 2022 Alana H. Rotter
Three Ways To Make Your Writing More Reader-Friendly

Your writing should make it easy for the judge or research attorney to follow your argument. There are many components to this. Here are three that arise frequently, but may not be obvious: Ellipses. Although ellipses help shorten long quotations, readers naturally wonder what was

Mar 15, 2022 Laurie J. Hepler
Two Sides

In nearly every case, both sides have colorable-to-good arguments.  Seeing both sides as objectively as you can, as early as you can, helps you win on appeal.  Here is how: First, winning sometimes means settling for a reasonable number—one that compromises between both sides’ best

Feb 12, 2022 Alana H. Rotter
Movin’ Right Along

When the trial court eliminates key causes of action or evidence, but leaves part of the case intact, parties sometimes dismiss the remaining claims as a way to hasten entry of a final judgment and move along to the Court of Appeal.  In attempting to

Jan 18, 2022 Laurie J. Hepler
Should You Answer That Petition for Review?

Lawyers don’t like to leave arguments unanswered. But a petition for California Supreme Court review is a special animal. About 95% are denied, and almost all of those would have been denied even if they’d been left unanswered. Answers are optional, and some Supreme Court

Dec 09, 2021 Alana H. Rotter
Appearances Matter

At a time of year when holiday decorations and beautifully-wrapped gifts abound, remember that visual presentation also matters in legal briefs, motions, and other filings.  Here are some formatting tips to increase readability and convey your message with maximum impact: Use frequent headings and subheadings. 

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Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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