Civil Appellate Practice


Michael J. F. Smith, APC has experience in preparing and defending civil appeals in California state appellate courts. We have represented the appealing party or the responding party in several appeals. This includes representation of clients where we did not serve as trial counsel.

We are skilled in written and oral advocacy, including brief-writing and oral argument. Our appellate work includes reviewing the record, researching and writing appellate briefs, presenting oral arguments, and filing necessary appellate motions before the Court of Appeals.  
 
Some of our most recent results include the following:

  • Smith Chevrolet Co. Inc. v. Superior Court, F065171, Stanislaus County Superior Court, Case No. 311470. Represented Petitioner and business owner. Petitioner filed a writ petition to the court of appeal, which was granted. Work included oral argument before the Fifth District Court of Appeals. The court of appeal dismissed the case baed on the three-year dismissal statute following remittitur for failure to prosecute, successfully defeating the class action lawsuit. (http://www.courts.ca.gov/opinions/nonpub/F065171.PDF)
  • Singh et al. v. Brar et al., F065614, Fresno County Superior Court, Case No. 10CECG04290. Represented Defendant and business owner in real property dispute, involving a dispute over a commercial lease agreement. Obtained a defense judgment on behalf of business owner in bench trial before superior court. Plaintiffs appealed. Judgment affirmed by court of appeal because substantial evidence supported the trial court’s verdict. Work also included oral argument before the Fifth District Court of Appeals. (http://www.courts.ca.gov/opinions/nonpub/F065614.PDF)
  • Truxell & Valentino Landscape Development, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, F061206, Fresno County Superior Court, Case No. 09CECG01198. Represented Appellant and business owner in a prevailing wage dispute. Successfully vacated the superior court’s award of liquidated damages. (http://www.courts.ca.gov/opinions/nonpub/F061206.PDF)
  • Barnes v. Hada et al., F058613, Tulare County Superior Court, Case No. 07-224578. Represented Defendant landowner in real estate dispute. Successfully appealed an adverse Summary Judgment ruling, which included oral argument before the Fifth District Court of Appeals. We then successfully obtained Summary Judgment against Plaintiff based on law of the case. (http://www.mjfsmith.com/wp-content/themes/twentythirteen/file.pdf)

Every case has its own unique set of facts yielding different results. We will work aggressively to achieve the best possible result for your appeal.