Ehrlich Firm Prevails in California Supreme Court case

California Writs and Appeals

Ehrlich Law Firm prevails in California Supreme Court on case involving important issues of California civil-writ practice and procedure.

California Supreme Court SealIn a closely-watched case involving civil-writ procedure in California, the  California Supreme Court adopted the position advocated by the Ehrlich Law Firm, and held that appellate courts can properly issue so-called “speaking” or “suggestive” Palma notices when they are inclined to issue a peremptory writ of mandate in the first instance. A Palma notice informs the parties that an appellate court is inclined to grant a peremptory writ in the first instance. A speaking Palma notice goes further, and explains why the Court is taking the position it takes, and often directs the trial court to change its order. The Supreme Court held that a speaking Palma notice is proper, but that trial courts should hold a hearing before changing an order in response to such a notice. (Brown, Winfield & Canzoneri v. Superior Court (Great American Ins. Co.)(2010) 47 Cal.4th 1233.)


Benefits of hiring The Ehrlich Law Firm to handle your appeal

When large corporate defendants win or lose a jury verdict, or any type of major case at the trial level, they often bring in appellate specialists to handle the post-trial briefing. Why?

Sophisticated clients understand that the skills that win trials are not necessarily the skills that win appeals, and that appellate specialists are often best prepared to defend or attack a verdict on appeal.

Effective lawyering requires a wealth of skills, and most lawyers gravitate to what they enjoy and what they are good at. While most lawyers are called on to write in the course of their practice, few devote themselves to becoming accomplished legal writers.

Only those with a keen interest in writing are likely to take seminars on writing, read books on effective written advocacy, seek out expert editors and subject their writing to blunt criticism, and then practice the lessons learned on countless motions, oppositions, and briefs.

A look at our bookshelf reveals where our interests lie. It is filled with books on writing, usage dictionaries, and written advocacy. We care about writing well, and have devoted considerable effort to develop and maintain our writing skills. [Sample briefs]

As a result of this hard work, and more than 20 years of practice, we are recognized as being among the best plaintiffs’ appellate firms in California. This is why the Consumer Attorneys of Los Angeles – the third largest trial lawyer association in the nation – recognized Jeffrey Isaac Ehrlich its 2004 appellate lawyer of the year.

This is also why Michael Bidart of Shernoff Bidart Echeverria LLP, one of the most successful plaintiff’s attorneys in the nation (and our former law partner) uses us as his appellate counsel.


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

 

California Supreme Court grants petition for review filed by Ehrlich Law Firm

California Writs and Appeals Lawyer

California Supreme Court grants petition for review filed by Ehrlich Law Firm

California Supreme Court SealJanuary 2010 – Adelamo Cabral was killed when he lost control of his pickup truck on I-10 and slammed into a big-rig truck illegally parked on the shoulder.  At trial, the jury held that the truck’s driver and owner were 10% at fault for the collision.  The Court of Appeal reversed, finding that the trial court should have granted a JNOV against the Cabral family’s wrongful-death action because there was no duty by the truck driver to create a “safe landing” for Cabral.

The Ehrlich Law Firm filed a petition for review in the California Supreme Court, arguing that the Court of Appeal’s approach would make California freeways more dangerous by allowing truck drivers to park their rigs alongside the freeway with impunity.  The Court granted the petition, and the matter is being briefed.  (Cabral v. Ralph’s Grocery Co. No. S. 178799.)


Why hire The Ehrlich Law Firm for your appeal?

Mr. Ehrlich has briefed and argued hundreds of appeals, in the following courts: The U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 4th, 5th, 6th, 7th, 9th and 11th Circuits; the California Supreme Court; the Virginia Supreme Court; the Maryland Court of Special Appeals, the Louisiana Court of Appeals, and the California Court of Appeal. In California, Mr. Ehrlich has handled appeals in the appellate courts sitting in San Francisco (First District), Los Angeles (Second District), Sacramento (Third District) San Diego (Fourth District, Div. 1), Riverside (Fourth District, Div. 2), Santa Ana (Fourth District, Div. 3), Ventura (Second District, Div. 6),,, and Fresno (Fifth District) – in sum, every appellate court in the State except for the Sixth District, which sits in San Jose.

Both the California and the federal appellate system dispose of the vast bulk of their civil appeals in unpublished decisions. Fewer than 25% of all appeals decided are decided by published decisions that have precedential value. Mr. Ehrlich has over 55 published appellate decisions in the state and federal courts. Very few appellate lawyers in California have comparable experience with civil appeals.

Contact our appellate law firm today to learn more about our legal writing services for attorneys.

Ehrlich Law Firm obtains important victory in asbestos lawsuit

California Writs and Appeals Attorney

Ehrlich Law Firm obtains important victory in asbestos lawsuit; California Supreme Court then grants review

Asbestos warningWaters, Kraus & Paul, with one of the premier asbestos-litigation practices in the U.S., hired the Ehrlich Law Firm to argue an important products-liability case, O’Neil v. Crane Co. in the Court of Appeal, Second District, Div. 5.

The issue in O’Neil was whether sailors injured by asbestos released during the maintenance of valves and pumps that were manufactured to contain asbestos within them, and that were insulated with asbestos, could be held liable on theories of strict products liability and negligence, even if the asbestos material in the equipment had been replaced with other asbestos material during the product’s life.

In Taylor v. Elliott Turbomachinery Co., Inc. (2009) 171 Cal.App.4th 564, the Court of Appeal , First District, held that the manufacturers could not be held liable because the asbestos was not “their” product.

Ehrlich convinced the court not to follow Taylor, and in a written decision the court held that Taylor had been wrongly decided.  (O’Neil v. Crane Co. (2010) 177 Cal.App.4th 1019.)  The Supreme Court later granted review to resolve the conflict between the positions advocated in O’Neil and Taylor.  Ehrlich is expected to argue the matter in the California Supreme Court.


Benefits of hiring The Ehrlich Law Firm to handle your appeal

When large corporate defendants win or lose a jury verdict, or any type of major case at the trial level, they often bring in appellate specialists to handle the post-trial briefing. Why?

Sophisticated clients understand that the skills that win trials are not necessarily the skills that win appeals, and that appellate specialists are often best prepared to defend or attack a verdict on appeal.

Effective lawyering requires a wealth of skills, and most lawyers gravitate to what they enjoy and what they are good at. While most lawyers are called on to write in the course of their practice, few devote themselves to becoming accomplished legal writers.

Only those with a keen interest in writing are likely to take seminars on writing, read books on effective written advocacy, seek out expert editors and subject their writing to blunt criticism, and then practice the lessons learned on countless motions, oppositions, and briefs.

A look at our bookshelf reveals where our interests lie. It is filled with books on writing, usage dictionaries, and written advocacy. We care about writing well, and have devoted considerable effort to develop and maintain our writing skills. [Sample briefs]

As a result of this hard work, and more than 20 years of practice, we are recognized as being among the best plaintiffs’ appellate firms in California. This is why the Consumer Attorneys of Los Angeles – the third largest trial lawyer association in the nation – recognized Jeffrey Isaac Ehrlich its 2004 appellate lawyer of the year.

This is also why Michael Bidart of Shernoff Bidart Echeverria LLP, one of the most successful plaintiff’s attorneys in the nation (and our former law partner) uses us as his appellate counsel.

Our Legal Services


Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

Ehrlich Law Firm convinces Ninth Circuit to submit certified question to California Supreme Court

California Writs and Appeals

Ehrlich Law Firm convinces Ninth Circuit to submit certified question to California Supreme Court

US Court of Appeals 9th CircuitScott Minkler appealed the district court’s order granting summary judgment on his claim against Safeco Insurance Company under a homeowner’s liability policy.  Minkler’s claims arose out of Safeco’s refusal to defend Betty Schwartz, whose son David molested Minkler.  Safeco denied coverage because of an exclusion in its policy for claims arising from the acts of “an” insured, because David was a resident of Betty’s home, and hence an insured under her policy.

The issue in the case is the proper construction of a provision in the Safeco policy stating that “This insurance applies separately to each insured.” The Ninth Circuit, at the Ehrlich Firm’s request, has asked the California Supreme Court to decide the meaning of that provision. Minkler v. Safeco Ins. Co., 561 F.3d 1033 (9th Cir. 2009).


Why hire The Ehrlich Law Firm for your appeal?

Mr. Ehrlich has briefed and argued hundreds of appeals, in the following courts: The U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 4th, 5th, 6th, 7th, 9th and 11th Circuits; the California Supreme Court; the Virginia Supreme Court; the Maryland Court of Special Appeals, the Louisiana Court of Appeals, and the California Court of Appeal. In California, Mr. Ehrlich has handled appeals in the appellate courts sitting in San Francisco (First District), Los Angeles (Second District), Sacramento (Third District) San Diego (Fourth District, Div. 1), Riverside (Fourth District, Div. 2), Santa Ana (Fourth District, Div. 3), Ventura (Second District, Div. 6),,, and Fresno (Fifth District) – in sum, every appellate court in the State except for the Sixth District, which sits in San Jose.

Both the California and the federal appellate system dispose of the vast bulk of their civil appeals in unpublished decisions. Fewer than 25% of all appeals decided are decided by published decisions that have precedential value. Mr. Ehrlich has over 55 published appellate decisions in the state and federal courts. Very few appellate lawyers in California have comparable experience with civil appeals.

Contact our appellate law firm today to learn more about our legal writing services for attorneys.

Our Legal Services

Ehrlich Law Firm obtains emergency stay from Court of Appeal for trial lawyer seeking to recuse trial judge

California Writs and Appeals

Ehrlich Law Firm obtains emergency stay from Court of Appeal for trial lawyer seeking to recuse trial judge

Superior Court of California Los Angeles CountyWhen a trial lawyer’s case was transferred from one Superior Court Judge to another at the Mosk Courthouse, the trial lawyer filed a peremptory challenge under Code Civ. Proc. section 170.6.  The trial judge ruled that the challenge was not timely filed, because it had not been made at the moment the transfer was announced – before counsel even had a chance to confer with his client.

The Ehrlich Law Firm was able to file an emergency writ petition within 24 hours of being retained, and the Court of Appeal granted a stay within 2 hours after the papers were filed.  The matter later settled, rendering the proceeding moot. Badalyans v. Aghadjanians, 2/6/08.


Why hire The Ehrlich Law Firm for your appeal?

Mr. Ehrlich has briefed and argued hundreds of appeals, in the following courts: The U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 4th, 5th, 6th, 7th, 9th and 11th Circuits; the California Supreme Court; the Virginia Supreme Court; the Maryland Court of Special Appeals, the Louisiana Court of Appeals, and the California Court of Appeal. In California, Mr. Ehrlich has handled appeals in the appellate courts sitting in San Francisco (First District), Los Angeles (Second District), Sacramento (Third District) San Diego (Fourth District, Div. 1), Riverside (Fourth District, Div. 2), Santa Ana (Fourth District, Div. 3), Ventura (Second District, Div. 6),,, and Fresno (Fifth District) – in sum, every appellate court in the State except for the Sixth District, which sits in San Jose.

Both the California and the federal appellate system dispose of the vast bulk of their civil appeals in unpublished decisions. Fewer than 25% of all appeals decided are decided by published decisions that have precedential value. Mr. Ehrlich has over 55 published appellate decisions in the state and federal courts. Very few appellate lawyers in California have comparable experience with civil appeals.

Contact our appellate law firm today to learn more about our legal writing services for attorneys.

Our Legal Services

 

Ehrlich Law Firm wins writ proceeding invalidating Health Net arbitration agreement

California Writs and Appeals

Ehrlich Law Firm wins writ proceeding invalidating Health Net arbitration agreement

California Court of Appeal Second Appellate District Los AngelesJanuary 2007 – The Court of Appeal in Los Angeles has reversed a trial court’s order requiring that Mary Medeiros arbitrate her claims against Health Net, arising from the company’s failure to provide her with timely medical care. Even though Health Net’s enrollment form failed to comply with the mandatory disclosure requirements concerning arbitration clauses, the trial court ordered the case to arbitration.

The Ehrlich Law Firm filed a writ of mandate, which was granted in a published opinion. (Medeiros v. Superior Court (Health Net) (2007) 146 Cal.App.4th 1008. Medeiros is a victory for public employees, because it held that health plans that provide coverage through public agencies must comply with the arbitration-disclosure requirements in the Health & Safety Code and the Insurance Code.


Why you need an attorney with writ petition experience

The lawyer who petitions for a writ must therefore be able to show the Court that the issue presented is (a) interesting, and (b) important. For this reason, the odds of being able to successfully obtain writ review often depend on the skill of the lawyer presenting the writ petition. At the Ehrlich Law Firm, we have experience with drafting persuasive writ petitions, and have enjoyed success in obtaining writ review for our clients at far higher than the overall success rate for writ petitions.

For example, in Elvira v. Superior Court (2007) B200184, we successfully obtained a writ challenging the trial court’s sustaining of a demurrer to plaintiff’s complaint.  In DeBruyn v. Superior Court (2008) 158 Cal.App.4th 1213, we convinced the Appellate Court to consider the issue of whether an insurance policy that purported to bar all mold-related claims, regardless of how caused, was consistent with California law.  And in Medeiros v. Superior Court (2007) 146 Cal.App.4th 1008, we obtained a writ for a client who had been enrolled in her employer’s health plan electronically, without being given the disclosure concerning the plan’s use of arbitration that were required on the application by state law.  In its published opinion, the court held that insurers could not circumvent this law by doing away with the application.

Contact our law firm today, to learn more about our legal services.

Benefits of hiring The Ehrlich Law Firm to handle your appeal

When large corporate defendants win or lose a jury verdict, or any type of major case at the trial level, they often bring in appellate specialists to handle the post-trial briefing. Why?

Sophisticated clients understand that the skills that win trials are not necessarily the skills that win appeals, and that appellate specialists are often best prepared to defend or attack a verdict on appeal.

Our Legal Services