Writs and Appeals
Overview
Creative thinking and exceptional analytical, brief writing and oral advocacy skills set our Writs and Appeals Practice Group apart—and demonstrate to the appellate bench the merits of our clients’ positions. These same abilities translate to complex writ and special proceedings in the trial courts.
Our group’s specialized legal knowledge and experience are matched by an extensive knowledge of California’s judiciary. We have achieved dozens of significant favorable decisions for our clients, handling hundreds of writs and appeals in both state and federal courts. Our expertise in matters impacting public entities in California is unmatched. Our services include:
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Appeals and extraordinary writs in state and federal courts
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Trial court writs and complex litigation
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Dispositive motions in complex litigation
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Position papers, amicus support, white papers and opinion letters
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Advice and consultation during trial to strengthen or obviate appeals (e.g., preserve the record)
Representative Cases
Michaelis, Montanari & Johnson v. City of Los Angeles, Department of Airports 38 Cal.4th 1065 (Cal. 2006)Successfully defended the City of Los Angeles’ Department of Airports in a Public Records Act Challenge and obtained a landmark ruling from the California Supreme Court regarding disclosure of competitive leading proposals.
Huppert v. City of Pittsburg, 574 F.3d 696 (9th Cir. 2009) Successfully defended a city and supervising police officers in a case deciding whether former officers’ statements and testimony in connection with alleged corruption in city departments can form the basis of a federal civil rights claim for First Amendment retaliation.
Bias v. Moynihan, 508 F.3d 1212 (9th Cir. 2007) Successfully argued for police officer immunity from liability when an officer elects to detain a person for psychiatric evaluation.
Gammoh v. City of La Habra 395 F.3d 1114 (9th Cir. 2005), amended 402 F.3d 875, cert denied 126 S.Ct 374 Successfully defended the City of La Habra’s adult use restrictions on off-stage performances (“lap dances”) and obtained a Ninth Circuit published decision that now serves as the touchstone by which all operating standards are judged throughout the country.
North Bay Constr., Inc. v. City of Petaluma, 143 Cal.App.4th 552 (2006) Successfully argued that a mechanic’s lien cannot be enforced against public property, even if the work for which recovery is sought was not performed as part of a public works project, nor can such contractor recover based on quasi-contract theory.
Placer Cty. Local Agency Form. Comm. v. Nevada Cty. Local Agency Form. Comm., 135 Cal.App.4th 793 (2006) Successfully argued that the principal county maintains unitary jurisdiction over planning matters for multi-county special districts in an appeal for intervenor Truckee Sanitary District.
People
Publications
- Ninth Circuit Expounds on Burden Shifting Framework Established by the Supreme Court in City of Los Angeles v. Alameda Books
- Annoying Civic-mindedness or Credible Threat of Violence?
- Restraining Orders: Protecting Public Employees When Public Access Becomes Threatening
- Appellate Court Finds Unconstitutional Statutes Favoring Speech Related To Labor Disputes And Holds That A Private Property Owner May Ban Picketing On Its Property
- Court of Appeals Gives Deputy Coroners An Unkind Cut
- Court of Appeal Decision Adversely Affects Public Entity Liability for Dangerous Conditions
- EIR Not Required to Evaluate Off-Site Alternative Which Does Not Meet Project Objectives
- Filing a Notice of Exemption Triggers a 35-day Statute of Limitations for CEQA-Based Challenge to the Project Approval
- California Supreme Court Upholds Constitutionality Of LAX Solicitation Regulations Challenged By Hare Krishnas
- Police Officers Who May Don and Doff At Home Are Not Engaged in FLSA Compensable Work
- Ninth Circuit Orders Rehearing En Banc, Vacating Controversial Regulatory Takings Decision in Guggenheim v. City of Goleta
- No More Limits on "Permissible Quantity" of Medical Marijuana
- Ninth Circuit Departs from Established Jurisprudence for Regulatory Takings Claims
- Ninth Circuit Holds that Police Officers' Reports and Investigation-Related Statements Were Outside the Scope of First Amendment Protections
- California Supreme Court Upholds Existing Standards for Public Expenditures on Local Ballot Measures
- Supreme Court Rejects Bright-line Rule Barring Agency Attorneys from Performing Dual Roles in Unrelated Administrative Proceedings