Appellate

Two published decisions.

Most Court of Appeal opinions in California are never published, and never cited again. A published opinion means the court decided the question mattered enough to become law.

Why This Matters

California's appellate courts certify only a small fraction of their opinions for publication. The rest cannot be cited by anyone. When a court publishes, it is saying the reasoning should govern future cases — and the argument that persuaded it becomes part of the law other attorneys have to work with.

Published2019

In re H.D.

35 Cal.App.5th 42 (2019)

Court: California Court of Appeal, Fourth Appellate District, Division Two
Role: Counsel for Objector and Appellant
Outcome: Termination of parental rights reversed

Significance

A trial court found abandonment under Family Code section 7822 and terminated a mother's parental rights while she was actively seeking reunification in family court. The Court of Appeal reversed, holding the evidence insufficient where the record showed uncontradicted evidence of her abiding desire and plan to reunify with her children. The opinion was certified for publication and has been cited by later courts.

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Published2011

Vogt v. Herron Construction, Inc.

200 Cal.App.4th 643 (2011)

Court: California Court of Appeal, Fourth Appellate District, Division Two
Role: Counsel for Appellants
Outcome: Summary judgment reversed

Significance

The Court of Appeal reversed a summary judgment and clarified the scope of employment under respondeat superior, holding that acts serving an employee's comfort and convenience at a job site do not place the employee outside the scope of employment. The opinion is quoted in the Sources and Authority for CACI 3723, the Judicial Council's civil jury instruction on substantial deviation.

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Appellate work also shapes trial strategy. An appeal is decided on the record built long before it — the objections stated, the evidence offered, the issues preserved. Cases here are prepared with that in view from the beginning.

Considering an appeal?

Appellate deadlines in California are short and unforgiving. If you have received a judgment you believe is wrong, call (714) 546-6015 before the time to file runs.

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