$340k Incivility Tax & Other Cases

The California Appellate Law Podcast

#Business #Tim Kowal & Jeff Lewis #Jeff Lewis #Tim Kowal #Law #Attorney #California #Supreme Court #Legal #Legal News #Appellate #Podcasting Education #News #Appeal #Lawyers

18:09

HR is no longer just about managing people—it’s about shaping the future of work. Jens Baier, BCG’s HR transformation expert, discusses how AI and shifting employee expectations are forcing companies to rethink talent strategies. From re-recruiting to upskilling employees, HR must adapt to a rapidly changing landscape. Learn More: Jens Baier: https://on.bcg.com/41ca7Gv BCG on People Strategy: https://on.bcg.com/3QtAjro Decoding Global Talent: https://on.bcg.com/4gUC4IT…

hace un año 11:34

MP3•Episodio en casa

Jeff is in trial, so take in a few quick summaries of recent cases and get back to billing:

Incivility cost attorney $340,000 in fee reduction. Clip-n-save the recent controlling case on this point, Karton v. Ari Design & Construction, Inc.: "Excellent lawyers deserve higher fees, and excellent lawyers are civil.”
Don’t let the trial court deny relief before you’ve asked for it.
Lost the CCP 998 bet? You can still get judgment-enforcement fees.
Infamous sterlization case Buck v. Bell (”three generations of imbeciles are enough”) has never been formally overruled, and the California Court of Appeal still gives the mentally disabled mere rational basis.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Other items discussed in the episode:

162 episodios

$340k Incivility Tax & Other Cases

The California Appellate Law Podcast

published hace un año

MP3•Episodio en casa

Jeff is in trial, so take in a few quick summaries of recent cases and get back to billing:

Incivility cost attorney $340,000 in fee reduction. Clip-n-save the recent controlling case on this point, Karton v. Ari Design & Construction, Inc.: "Excellent lawyers deserve higher fees, and excellent lawyers are civil.”
Don’t let the trial court deny relief before you’ve asked for it.
Lost the CCP 998 bet? You can still get judgment-enforcement fees.
Infamous sterlization case Buck v. Bell (”three generations of imbeciles are enough”) has never been formally overruled, and the California Court of Appeal still gives the mentally disabled mere rational basis.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Other items discussed in the episode:

162 episodios

#Business #Tim Kowal & Jeff Lewis #Jeff Lewis #Tim Kowal #Law #Attorney #California #Supreme Court #Legal #Legal News #Appellate #Podcasting Education #News #Appeal #Lawyers

Todos los episodios

1
Is the electronic-recording ban unconstitutional? 23:15

hace 5 días23:15

23:15

All eyes are on the electronic-recording original proceeding in the Supreme Court, Family Violence Appellate Panel v. Superior Court , and the Court’s recent order to show cause why, when a court reporter can’t be found, California’s trial courts should not be ordered to hit the “record” button. This could this be the most significant advancement in electronic court recording in decades. But it raises a few questions: ❔ The remedy sought is limited to low-income litigants. But if the Court buys the equal-protection arguments, won’t it require a holding for all Californians? ❔ Will the Superior Courts oppose the relief? LA Superior Court, after all, already issued a local rule allowing electronic recordings. ❓ Will the Legislature oppose? To the contrary, Jeff makes a bold prediction that the Legislature, to avoid embarrassment, will amend or abolish Gov. Code § 69957 before the Court rules. ⁉️ Will the court reporter lobby oppose? Is opposition possible without appearing villainous? Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Is the electronic-recording ban unconstitutional? Family Violence Appellate Project v. Superior Court (no. S288176 ) J ameson v. Desta (2018)…

1
ChatGPT Fails, Sanctions & Disbarments, Feb. 2025 35:54

hace 13 días35:54

35:54

Please AI responsibly: Attorneys at a major law firm are making use of ChatGPT. That's not a bad thing normally, but filling in legal cites is not what it's for. The unchecked ChatGPT cases were fake at a rate of 8 out of 9 total cases in a single brief. On this recent legal news episode Jeff and Tim cover: How to AI responsibly (and not get sanctioned). How to challenge arbitration responsibly (and not get sanctioned). How to anti-SLAPP responsibly (and not get sanctioned). Recent court stats and rule updates. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: AI Hallucinations May Lead to Sanctions for Big PI Law firm**.** Changes coming to Legal Specialization Board? Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC *Wash v. Banda-Wash - 40 day period to claim costs after appeal not extended by 2 days - we are sent remands, we are not served with remands* Filmore Center Associates v. Lewis; San Francisco Superior Court Disbarred in Federal Court, But Welcome in State Court? Frivolous anti-SLAP…

1
Is California’s 30-day pay-or-waive arbitration rule preempted by the FAA? The split widens 15:08

hace 19 días15:08

15:08

Your check for arbitration fees gets delayed in the mail. Under a particularly harsh pay-or-waive provision of the California Arbitration Act, if your fee is received on day 31, too bad—your arbitration rights go Poof! Or do they? There’s currently a big split among the appellate courts on this. Tim goes solo while Jeff is still in trial, covering several of the recent cases on both sides of the split. Does your arb agreement incorporate the FAA? You might be well-poised to argue it preempts the FAA. Or is the arb agreement silent on FAA, or include only a qualified reference? You’re on shakier ground. There’s also a separation of powers concern: Can the legislature declare that late arbitration fee payments automatically equal a waiver of arbitration rights, or is that a judicial function? Waiver is a common-law doctrine, and it’s discretionary. But clearly that’s not how the legislature intends it. And waiver requires fact-finding of the parties’ intentions in a particular case—obviously the Legislature doesn’t know what some future litigant in some future scenario “intends.” Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Late payment does not defeat arbitration because that CAA rule is preempted by FAA—but Justice Baker dissents (May 30, 2024) Yet another arbitration preemption case, with 1st Dist. holding CAA’s 30-day deadline survives Another late arbitration payment case, again holding the FAA preempts the CAA Hernandez v. Sohnen Enters. (D2d5 May 22, 2024 No. B323303) [cert. for pub.] (rev. granted in Hohenshelt) Keeton v. Tesla, Inc. (D1d1 Jun. 26, 2024 No. A166690) (mentioned here )…

1
The court recorded my trial, so why can’t I use it on appeal? 29:54

hace 27 días29:54

29:54

The San Bernardino Superior Court electronically records trial. Can Jeff use the recording as the appellate record? Short answer: no. But there’s an original writ pending in the Supreme Court on a similar issue, so watch this space. We also cover: Jury Fee Hike, Paid by State Fund—but for how long? Shehi v. Chicago Title Insurance Co. —attorney disqualification is appealable, but expert witness exclusion isn't, even when the expert is an attorney. Tom Girardi saga—Wife Erica Girardi held not liable for aiding and abetting her husband's client trust fund misconduct. The Fifth Amendment & Privilege Logs – A Ninth Circuit case on self-incrimination and privilege log requirements. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Attorney DQ Orders Are Appealable, But Not for Attorney Expert Witnesses Audio recording in San Bernardino and Court Reporters Finn v. Girardi (2D5d. Jan. 28, 2025, No. B324878) (nonpub. opn.). In Re Grand Jury Subpoena (9th Cir., Jan. 28, 2025, No. 24-2506)…

1
$340k Incivility Tax & Other Cases 11:34

hace 5 weeks11:34

11:34

Jeff is in trial, so take in a few quick summaries of recent cases and get back to billing: Incivility cost attorney $340,000 in fee reduction. Clip-n-save the recent controlling case on this point, Karton v. Ari Design & Construction, Inc. : "Excellent lawyers deserve higher fees, and excellent lawyers are civil.” Don’t let the trial court deny relief before you’ve asked for it. Lost the CCP 998 bet? You can still get judgment-enforcement fees. Infamous sterlization case Buck v. Bell (”three generations of imbeciles are enough”) has never been formally overruled, and the California Court of Appeal still gives the mentally disabled mere rational basis. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Court cannot deny fees until a motion is made Headnotes Jan. 24, 2025: one-sentence summaries of this week’s below-the-fold cases Incivility Fee Reduction of $340k! The Court of Appeal says that rational basis review applies to mentally disabled.…

1
Movie-Trailer Case Reviews 25:22

hace 6 weeks25:22

25:22

There was a bit in an old radio show (Kevin-and-Bean KROQ old, not Little Orphan Annie old) had Ralph Garman review movies he’d never seen, based only on watching the trailers. In this episode, we review some cases we haven’t read. We discuss the cases below, which lead to some good tangents. When discovery objections have been waived, does serving responses that still contain the waived objections count as “substantial compliance”? Trial court said no, but the correct answer is Yes, says Katayama v. Cont'l Inv. Grp. (D4d3 Oct. 9, 2024 No. G063872) [published]. Discussing the difference between waiver and forfeiture. N. Am. Title Co. v. The Superior Court. (Cal. Oct. 28, 2024 No. S280752). Satisfying judgment renders appeal moot: In Baker Entm't, LLC v. Emmett Furla Oasis Films, LLC . (2D7d Oct. 28, 2024. No. B323388) (nonpub. opn.) Failing to respond to demand for punitive damages information, defendant forfeited its challenge to $15M punitives award. ( Mosley v. Pacifica Bakersfield, L.P. (D5 Sep. 19, 2024 No. F084699) (nonpub. opn.). To Avoid Unjust Result, Unambiguous Statute Held Ambiguous. In re Marriage of Cady and Gamick (D2d1 Sep. 25, 2024 No. B326716) Other items discussed in the episode: Headnotes 11/21/24: Judge Bias Can Be Forfeited But Not Defective Service Late objections to RFAs do not invalidate otherwise substantive responses Headnotes: one-sentence summaries of this week’s below-the-fold cases…

1
TikTok at the Supreme Court & Oral Argument Stories 26:23

hace 7 weeks26:23

26:23

This is why your teenagers are anxious: TikTok’s fate hangs in the balance at the Supreme Court. We discuss the recent oral arguments, and Donald Trump’s amicus brief asking the Court to sit tight and he’ll make a fantastic deal that will be fantastic and make the Court very happy and everyone will be very happy. (That is the best Trump impression I can do in written form 🤷). And what does it mean when the Court of Appeal decided an appeal based on what one attorney does—and the other attorney doesn’t do—at oral argument? We discuss *Pollock v. Kelso * where the court decides that the plaintiff is the previaling party according to a settlement….a settlement the court has never seen. We also cover Blauser v. Dubin discussing what to do when the trial court does not issue a final appealable order. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: https://www.youtube.com/watch?v=ynzTXuORJwM **Appellate court criticizes trial court practice of failing to enter final appealable orders Blauser v. Dubin ** (4D3d Nov. 19, 2024 No. G063715). **No reporter’s transcript of attorneys’ fees hearing doomed this appeal Saydman v. Aegis Sec. Ins. Co. ** (Cal. Ct. App. Dec. 20, 2024 No. G063209) (nonpub. opn.)…

1
Roundup of 2024 and What’s Coming in 2025 25:42

hace 8 weeks25:42

25:42

Here is our 2024 roundup, and in exchange we have a request for suggestions for 2025 content. If you are an attorney, what content do you prefer? Check out the poll . Now here’s the roundup of updates for 2025: 📅 MSJ Deadlines Are Updated: Remember 81-20-11. With the MSJ hearing as the target, motions must be filed beforehand 81 days, oppositions 20 days, and replies 11 days. 🥈 Making a 2nd attempt at an MSJ? You’ll need leave of court. ⌨️ The court reporter shortage is before the Supreme Court. Stay tuned. Here’s the roundup of notable cases from 2024: Biden admin takes aim at judges issuing sweeping nationwide injunctions. (But Tim asks: then who will take aim at federal authorities exercising sweeping nationwide powers?) Will anti-SLAPPs still be a thing in the Ninth Circuit by the end of 2025? Stay tuned for updates from the en banc panel in Martinez v. ZoomInfo Techs. The appellate courts continued to crack down on attorney incivility, with the court vowing that offending attorneys “will be called out and immortalized in the California Appellate Reports.” Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Videos from this episode will be posted at Tim Kowal’s YouTube channel . Amendments to California's Motion for Summary Judgment Statute : Assembly Bill 2049 Text : Official legislative text detailing the changes effective January 1, 2025. Client Alert: New Summary Judgment Law in California Effective January 1, 2025 : An overview of the new law and its implications. New Changes to California's Summary Judgment Process: What You Need to Know : Insights into how the amendments will affect litigation strategies. Court Reporter Shortage and Audio Recording in Courtrooms : California Courts - Newsroom: Updates and news releases from the California judicial branch. Supreme Court Arguments on TikTok's Foreign Ownership and Nationwide Injunctions : SCOTUSblog : Comprehensive coverage of upcoming Supreme Court cases and arguments. Civility in Legal Practice : Masimo Corporation v. The Vanderpool Law Firm Case Summary : Details of the case addressing issues of civility and discovery sanctions. The Uncivil War Raging Before the Cali…

1
End the Bar Exam? with Jackie Gardina 46:49

hace 11 weeks46:49

46:49

Jackie Gardina shares dispatches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways: 💯 Yes, the passing score was dropped—but don’t worry, the old one was picked out of a hat (basically). 🗯️“End the bar exam?! But that’s how it’s always been done!” Nope. Before that there were was the “diploma privilege” model, and before that the apprenticeship model. 🔍 What are other states doing? The mentorship model is in use in Oregon, Washington, and Nevada, and the diploma privilege model in Wisconsin. Jackie Gardina biography , LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: NCBE Study Aids Store: Offers various resources, including practice questions and study packs for the Multistate Bar Exam (MBE), Multistate Essay Exam (MEE), and Multistate Performance Test (MPT). Visit their store here: NCBE Study Aids Store NextGen Bar Exam Information : Provides details on the upcoming changes to the bar exam format, including sample questions and a timeline for implementation. Explore more here: NextGen Bar Exam You can find more information about the commission, its objectives, and updates on its activities on the State Bar of California’s website The State Bar of California “To learn more about The Colleges of Law and the work being done visit collegesoflaw.edu/ ”…

1
How the Cal. Appellate Project Promotes Appellate Experience and Access to Justice 39:51

hace 13 weeks39:51

39:51

There is a 700-appellate case backlog in Los Angeles and only around 450 attorneys on the California Appellate Project—Los Angeles panel. CAP-LA attorneys Jennifer Hansen and Jennifer Peabody share how the rest of us can pitch in to assuage this gap in the administration of justice. Why work as a panel attorney? Get appellate experience. Work with an experienced appellate attorney. Flexible schedules, remote work, and mentorship. While rates are modest, they may be increasing. And there are no client-trust concerns, and CAP-LA covers malpractice insurance. Grow your reputation and rapport with colleagues and the bench. Make a meaningful difference in clients' lives. Tune in to hear how appellate attorneys can make a profound impact while building their careers and enhancing their reputations in the legal community. Jennifer Hansen biography , LinkedIn profile, and Twitter feed. Jennifer Peabody biography , LinkedIn profile, and Twitter feed. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Below are links to all five project websites and the application for each. Panel Application Links: First District Appellate Project: https://www.fdap.org/about/applying-to-the-panel/ Sixth District Appellate Project: https://sdap.org/about/panel-application/ Central California Appellate Program: https://capcentral.org/about/how-to-apply/ Appellate Defenders Inc: https://www.adi-sandiego.com/panel-attorneys/how-to-become-a-panel-attorney/ California Appellate Project - LA: https://cap-la.org/apply/ Examples of online resources for appointed attorneys are below: Samples bank: https://capcentral.org/resources/motion/ Practice Guide: https://www.adi-sandiego.com/wp-content/uploads/2024/08/Manual-4th-Edition-Oct-2024.pdf Appointed Appellate Attorney Community: www.cadc.net…

1
CALP w/ Chris Dralla, Creator of Typelaw, Revolutionizing Legal Writing 40:01

hace 14 weeks40:01

40:01

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla’s product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs. If your practice depends on producing high-quality briefs, here is why you need Typelaw in your life: Typelaw reduces non-billable time spent on technical aspects of brief preparation, allowing lawyers to focus on legal arguments. Moving beyond Word, Typelaw lets you edit directly in the PDF to see instantly what the final, hyperlinked version will look. We also compare and contrast Typelaw with similar and complimentary offerings from Clearbrief and CounselPress. Chris Dralla’s biography , LinkedIn profile , and Twitter feed . Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Videos from this episode will be posted at Tim Kowal’s YouTube channel . Explore Type Law : Visit Type Law's website to learn more about their services for automating appellate and trial brief preparation.…

1
Reaction to Judge Jones and Prof. Vladeck's Exchange on Judge Shopping 16:34

hace 15 weeks16:34

16:34

In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases. Tim and Jeff analyze the arguments from both sides, unpacking the implications for the legal profession and the judiciary. They explore the balance between maintaining judicial impartiality and the tactical decisions lawyers make to secure favorable venues. Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: Videos from this episode will be posted at Tim Kowal’s YouTube channel . Upcoming Event : A California Appellate Lawyers Podcast (CALP) meetup on December 10 at the Grand Central Market in Los Angeles. Relevant Links: The Continued Independence of the Judiciary [2024 NLC] Elon Musk's Terms of Service Changes…

1
Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 2) 41:20

hace 17 weeks41:20

41:20

Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an appellate record is a constitutional crisis. She explains how the General Order is carefully drawn to avoid any prejudice to the interests of the court-reporters association while providing opportunity to create the all-important appellate record. Erin Smith’s biography and LinkedIn profile . Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: 9/5/24 LASC General Order . Letters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. Smith Tim Kowal, A Day Without a Court Reporter Videos from this episode will be posted at Tim Kowal’s YouTube channel .…

1
Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 1) 30:52

hace 18 weeks30:52

30:52

Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases. Erin Smith’s biography and LinkedIn profile . Appellate Specialist Jeff Lewis' biography , LinkedIn profile , and Twitter feed . Appellate Specialist Tim Kowal's biography , LinkedIn profile , Twitter feed , and YouTube page . Sign up for Not To Be Published , Tim Kowal’s weekly legal update, or view his blog of recent cases . Other items discussed in the episode: 9/5/24 LASC General Order . Letters to the Editor: Let judges hit 'record' when no court reporters are available, Erin C. Smith Tim Kowal, A Day Without a Court Reporter Videos from this episode will be posted at Tim Kowal’s YouTube channel .…

1
A Glimpse into ClioCon 27:15

hace 21 weeks27:15