Appeals

Experience Matters

When your trial does not result in the desired outcome for either you or the opposition, an appeal usually follows.  Lurie, Zepeda, Schmalz, Hogan & Martin’s attorneys apply over one hundred years of collective experience representing appellants and respondents.  We practice regularly before the California Court of Appeal and have argued before the U.S. Ninth Circuit Court of Appeals and California and Utah Supreme Courts.  Several of our attorneys are licensed to practice before the United States Supreme Court.

Our lawyers were lead counsel or participated in the following precedent-setting, published appellate decisions:

Following a jury verdict in client’s favor, made a post-trial motion for attorney’s fees for willful and malicious misappropriation of trade secrets under the California Uniform Trade Secrets Act (CUTSA).  After the trial court denied our motion, the Court of Appeal overturned the trial court’s decision based on our demonstration that the trial court had applied the wrong burden of proof at trial.

Successfully obtained affirmance on appeal by beneficiary from various orders, including orders (1) denying petition to remove client/trustee following trial, (2) finding client/trustee did not breach fiduciary duty, (3) awarding attorney and trustee fees paid from trust, (4) approving interim accounts over beneficiary’s objections, and (5) awarding a surcharge against beneficiary for objecting to trustees’ account without reasonable cause and in bad faith pursuant to Probate Code § 17211(a).