Appellate

Ericksen Arbuthnot has been winning appeals for over thirty-five years in every Appellate Division in the State of California.  In Williams v. International Paper Co. (1982) 129 Cal.App.3d 810, we obtained the reversal of a jury verdict in favor of an employee, because the fact that the employer was self-insured did not create a relationship distinct from that of employer and employee, thereby limiting the employee to the exclusive remedies provided under the Workers’ Compensation Act.  Since that time, Ericksen Arbuthnot has continued to prevail on the majority of its appellate cases.  Ericksen Arbuthnot’s winning record is the product of hard work, attention to detail, and vigorous advocacy.

Ericksen Arbuthnot’s appellate practice group handles the full spectrum of writs and appeals in state and federal court.  Our appellate attorneys work closely with trial attorneys to evaluate issues raised at trial to ensure they are properly preserved for appeal.  We work closely with our clients to identify errors which may give rise to appellate relief.  We bring a high level of expertise to every appellate matter that we encounter.

Ericksen Arbuthnot has handled a wide variety of appellate matters over the years, including topics such as appellate procedure, premises liability, products liability, and professional liability.  Some of the firm’s more recent appellate victories include:

  • Linton v. County of Contra Costa (2019) 31 Cal.App.5th 628 (certified for partial publication) (First Appellate District affirmed trial court’s order denying plaintiff’s motion for fees and costs of more than $1,000,000 in alleged discrimination case under Disabled Persons Act and Unruh Civil Rights Act);
  • Levi v. Morrison & Foerster, LLP (2018) 2018 Cal. App. Unpub. LEXIS 7421 (Third Appellate District affirmed trial court’s order dismissing plaintiff’s complaint with prejudice and imposed sanctions for frivolous motion on appeal in alleged fraud case);
  • County of Sacramento v. Valley Healthcare Sys. (2017) 2017 Cal. App. Unpub. LEXIS 8849 (Third Appellate District affirmed trial court’s grant of summary judgment on express indemnity claim for $2,000,000, including $500,000 in attorney fees);
  • Glassner v. Smith (2015) 2015 WL 2127065 (unpublished) (First Appellate District reversed trial court’s order denying anti-SLAPP motion as to four clients and affirmed trial court’s order granting anti-SLAPP motion as to the fifth client; trial court awarded defendants over $248,000 in fees and costs on remand);
  • Naser v. Lakeridge (2014) (published in part) 2014 WL 2922405 (First Appellate District affirmed trial court’s order granting summary judgment and awarding deposition subpoena costs in favor of Ericksen Arbuthnot’s client);
  • Good v. Miller (2013) 214 Cal.App.4th 472 (published) (Third Appellate Court dismissed plaintiff’s defective appeal from trial court’s order issuing terminating sanctions for abuse of discovery process);
  • Ramirez v. On Assignment (2013) Cal.App. Unpub. LEXIS 940 (Second Appellate District affirmed trial court’s order granting motion for summary judgment on behalf of nurse in a wrongful death case); and
  • Sudol v. Sage-DeLuca Associates (2012) C071003 (Third Appellate District issued Palma order indicating its intent to issue peremptory writ of mandate in the first instance reversing trial court’s order denying defendant’s motion for summary judgment).