Appellate Practice

Appellate Practice Davis Wang’s attorneys have extensive experience successfully defending and overturning trial court judgments, on behalf of our clients, in state and federal appellate courts throughout California. As a litigation firm with vast experience in both trial and appellate practice, Davis Wang offers its clients integrated services at all stages of any litigation matter. Our team approach allows for a smooth transition from trial to the appellate forum. The groundwork for any successful appeal is often laid in the Trial Court record; therefore, our appellate lawyers work closely with trial counsel in shaping the record and preserving key issues for appeal.

Our attorneys have consulted frequently on pre-appellate matters, including the formulation of post-trial motions and record preservation issues. Our many years of experience allow us to come into any case at the appellate stage, and provide the independent eye that is particularly useful in appellate practice. In looking at a case anew, and from the appellate court s perspective, we assist clients, or other counsel who retain us, in achieving a fresh and persuasive presentation of the issues on appeal.

In those instances where immediate appellate review may be unavailable, but appellate court intervention is still needed, our lawyers also have experience in drafting successful writ petitions.

Davis Law Firm lawyers have successfully handled appellate matters in a wide variety of subject areas, including labor and employment, breach of contract and fraud, personal injury, products liability, and business torts. Our attorneys have practiced in all California district appellate courts, the California Supreme Court, the Ninth Circuit Court of Appeals, and the United States Supreme Court.

Representative Published Opinions Include:

Dible v. Haight Ashbury Free Clinics, Inc. (2006) 170 Cal.App.4th 843 [affirming judgment of dismissal pursuant to anti-SLAPP motion in lawsuit alleging defamation regarding termination of employment where no publication or republication to a third party]

Paulus v. Bob Lynch Ford, Inc. (2006) 139 Cal.App.4th 659 [affirming order granting anti-SLAPP motion in strategic lawsuit alleging malicious prosecution, abuse of process, and intentional interference with contractual relationship]

Boschetto v. Hansing, 539 F.3d 1011 (9th Cir. 2008); [affirming dismissal of complaint for lack of personal jurisdiction in case of first impression involving sale of automobile by Wisconsin seller to California resident via EBay internet auction website]; 129 S. Ct. 1318 (U.S. Sup. Ct. 2009) [Cert. Denied]

Stormedia Inc. v. Superior Court, 20 Cal.4th 449 (1999) [affirming the judgment of the Court of Appeal holding that the trial court properly overruled defendants’ demurrers, and that imposition of civil liability for violations of Corp. Code, § 25400, subd. (d), does not conflict with the safe harbor provision of the Private Securities Reform Act of 1995 15 U.S.C. § 78u-5).]

Our lawyers have also successfully represented clients in a number of cases which resulted in unpublished decisions, including for example:

Reversal of summary judgment in favor of research firm against former employee who competed with her former employer, on claims for breach of the duty of loyalty, interference with contract, fraud and breach of the implied covenant of good faith and fair dealing. Dible v. Haight Ashbury Free Clinic, WL 161863 (Cal. App. 1st Dist. 2009)

Partial affirmance of judgment in favor of realtor on claims against real estate salesperson for equitable indemnity, comparative negligence, contribution, and breach of contract. Brenlar Investments, Inc. v. Lynch, WL 338194 (Cal. App. 1st Dist. 2010)

Other cases in which Davis Law Firm attorneys successfully represented clients in appeals that resulted in unpublished decisions include:

Clinimetrics Research Associates, Inc. v. Booker, (WL 2750355) (Cal. App. 6th Dist. 2004)

Malter v. Osburn, (WL 3318282) (Cal. App. 1st Dist. 2007)