Reversals on Technicalities: 4 Recent Examples

The California Appellate Law Podcast

Appellate courts are in the affirming business. But be ready to take advantage of easy reversals, like in these examples:

😎 If the court refuses to hold an evidentiary hearing in a contested probate matter, that is (probably) structural error and reversible.

😎 If the court refuses to provide a statement of decision on key issues, that is a good opening to get a reversal.

😎 If the court judges a party’s credibility based on whether they use an interpreter, that’s reversible error.

😎 If the court issues a restraining order based on a single act, that’s reversible error.

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The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Refusing an evidentiary hearing on contested probate matter is error, and possibly structural error: Barbey v. Pnc Bank, N.A. (D2d6 Oct. 10, 2023) No. B325472 (nonpub. opn.)
• Lack of statement of decision leads to reversal: Casa Verde Landscaping Maint. Corp. v. Lennary Cmtys. (D4d1 Oct. 24, 2023 D081550) [nonpub. opn.]
• Arbitrator reversed for basing credibility on use of interpreter: FCM Invs. v. Grove Pham, LLC (D4d1 Oct. 17, 2023) No. D080801.
• Restraining order against an attorney must be based on multiple instances of non-litigation conduct: Hansen v. Volkov (D2d7 Sep. 18, 2023) No. B311524 (cert. for pub.)
• You still need a reporter's transcript even if nothing happened at the hearing: Olague v. United Care Facilities, LLC (D2d5 Sep. 29. 2023) No. B323075 (nonpub. opn.).
• After Adolph v. Uber, parties “accept the inevitable” and stipulate to reverse: Stiger v. Providence St. Joseph Health, No. B326999 (Cal. Ct. App. Oct. 20, 2023)
• Ross v. Seyfarth Shaw LLP (Sep. 29, 2023, B312337) [pp. 26-27]
• Landlord’s counsel sanctioned for brief with made up cases
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.