Civil Litigation,
California Courts of Appeal,
Appellate Practice
Apr. 3, 2018
A class-ic exception
The powerful general rule favoring affirmances is subject, naturally, to several exceptions. There are some specific instances where the trial court must not only be right, but must be right for the right reasons.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
EXCEPTIONALLY APPEALING
Trial court proceedings are like a black box into which each side throws facts, evidence and law, and what pops out is a judgment -- a formal, enforceable decree declaring a winner. Human nature being what it is, the loser probably wants a second chance to fight again. And that loser, no doubt, has a long litany of reasons why the other side should have lost. Hence, the appellate process. But appeals are far from do-ove...
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