“Stump Tim,” Do Sympathetic Parties Get Better Results? And Other Recent Cases

The California Appellate Law Podcast

After Jeff quizzes Tim on a bit of appellate esoterica about the automatic 15-day default extension for appellate briefs, the co-hosts discuss whether appellate justices modulate their approaches to sympathetic cases. The conversation also covers recent cases involving:

• Defective notices of appeal.
• Can an action be dismissed pending appeal? A surprising recent case answered “No.”
• Related: Another case that was not stayed mooted the appeal.
• Nationwide injunctions.
• DA sues attorneys for alleged Unruh Act abuse.
• You’ve heard of SLAPP suits, but what about a SMACC suit?

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

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

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Other items discussed in the episode:

• California Rules of Court 8.220 — default notices of failure to file a brief.
• On defective notices of appeal: Ramirez v. Oxford Properties, Inc. (D4d2 Apr. 12. 2022 no. E076022) 2022 WL 1090899 (nonpub. opn.) and Beckering v. Shell Oil Co. (D2d3 2014) no. B256407 (nonpub. opn.), covered in Tim’s post here.
• Can you dismiss your lawsuit while it’s on appeal? No, says Curtin Maritime Corp. v. Pacific Dredge & Const. (D4d1 Mar. 22, 2022) no. -- Cal.Rptr.3d ---- 2022 WL 841760, covered in Tim’s post here.
• When this lawsuit was not stayed, it mooted the appeal in Art Works Studio & Classroom, LLC v. Leonian (D2d7 Apr. 12, 2022 no. B304461) 2022 WL 1090984 (nonpub. opn.), covered in Tim’s post here.
• US District Court in Florida strikes down CDC’s mask mandate.
• Sixth Circuit Chief Judge Jeffrey Sutton sounds off against nationwide injunctions.
• San Fran and LA DAs sue attorneys for alleged abuse of Unruh Act actions in People v. Potter Handy, LLP