Appellate Litigation

Appellate Litigation

Overview

When it comes to appellate advocacy, it is important to find an attorney who is familiar with the unique rules and procedures of the appellate courts, and understands the art of how to draft an appellate brief and argue before the appellate courts. The appellate attorneys at Cox, Castle & Nicholson are those attorneys.

Although our goal is to prevail at trial and avoid protracting a matter through appeal, there are circumstances where an error is made at the trial court level for which we are able to secure relief on appeal or circumstances where we must defend our success because an appeal is filed an opposing party. Through persuasive appellate brief writing and effective oral advocacy we have been very successful on appeal. Our attorneys have briefed and argued cases in federal and state courts across the country, including the California Supreme Court, the U.S. District Court for the Ninth Circuit, and the United States Supreme Court.

We have also successfully taken several writs and had decisions of the trial court overturned while a case is still pending. Our success in this arena comes from our ability to identify those issues which have a high probability of being successfully challenged and framing the petition in a manner that encourages the appellate court to review the decision.

In light of our real estate expertise and representation of many preeminent industry clients, we also have often been asked by our clients and industry organizations to author amicus briefs at all appellate levels.

Many of our appellate decisions have been published thereby making or changing the legal landscape.

Representative
Matters

Represented an industry association in multiple appeals before the California Courts of Appeal and California Supreme Court as amicus curiae in relation to application and interpretation of California's prevailing wage law and California Charter City Constitutional Exemption.

Appealed on behalf of a national builder denial of petition to compel arbitration against upward of fifty homeowners that had initiated multi-million dollar construction defect lawsuit against builder. Successfully obtained reversal of trial court decision, such that homeowners were required to submit disputes to arbitration before the American Arbitration Association (AAA).

Obtained a favorable appellate decision for the respondent in an appeal awarding it attorney's fees as the prevailing party.

Obtained favorable appellate decision for appellant in case involving failure of court to confirm or correct and confirm arbitration award on the purported grounds that the arbitrator exceeded his authority by adding parties to the arbitration who had not executed post-dispute arbitration agreement.

Represented respondent in an appeal from a judgment of specific performance requiring appellant to convey its real property to respondent in accordance with their binding written agreement.

Represented the appellants in appeal of trial court's decision over arbitrability of dispute and enforceability of buy-sell provision through arbitration as set forth in operating agreement.

Represented the appellants in appeal to overturn injunction of housing construction based on invasion of privacy claims.

Represented a property owner in an eminent domain action, obtaining an opinion from the Court of Appeal upholding the right of the property owner to present evidence to the jury on more than $2 million in damages to the property – reversing a ruling by the trial court.

Defended a developer against claims under CEQA and the Subdivision Map Act challenging approval of final maps.

Attorneys &
Paralegals

Name Title City Phone  
Bley, Kenneth B. Partner Los Angeles 310.284.2231
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Doty, Robert P. Partner San Francisco 415.262.5115
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Galuppo, Lynn T. Senior Counsel Orange County 949.260.4641
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Gold, Karen I. Associate Los Angeles 310.284.2284
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Hamidi, Ali P. Partner San Francisco 415.262.5106
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Infelise, Robert D. Partner San Francisco 415.262.5125
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Kitchen, Jonathan S. Partner San Francisco 415.262.5168
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Kranz, Frederick H. Partner Orange County 949.260.4626
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McKenzie, Dwayne Partner Los Angeles 310.284.2279
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Miller, Jr., John S. (Rocky) Partner Los Angeles 310.284.2235
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Mocciaro, Perry D. Partner Los Angeles 310.284.2234
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Potter, Trevor B. Associate Orange County 949.260.4624
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Quigley, Edward F. Partner Los Angeles 310.284.2271
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Sabey, Andrew B. Partner San Francisco 415.262.5103
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Vaz, Alicia N. Partner Los Angeles 310.284.2273
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Zischke, Michael H. Partner San Francisco 415.262.5109
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Spotlight

Cox, Castle & Nicholson's Litigation Team Scored A Major Victory In The Ninth Circuit On Behalf Of Its Condo-Hotel Developer Client

The Ninth Circuit issued a landmark decision concluding that the sale of the condominium-hotel units at the Hard Rock... More»