Appeals in the California Appellate Courts

Appeals in the California Courts of Appeal differ considerably from matters in the trial court. An appeal is decided by a panel of three justices. The justices do not take new evidence or oral testimony. Rather, they review transcripts of trial court proceedings and briefs submitted by the parties.

Appellant files an opening brief setting forth the issues on appeal. The brief advocates for the reversal or modification of one or more rulings by the trial court. Respondent then files a brief opposing appellant’s arguments, after which appellant may submit a reply brief.

After the parties file their briefs, the Court of Appeal places the case on calendar for oral argument. Each party then has the opportunity to argue their position to the appellate court. The court will issue a written decision resolving the issues raised on appeal, typically within 90 days. The court’s decision may dispose of the case in any number of ways, including affirming, modifying, or reversing the trial court’s rulings.

Either party may then petition the California Supreme Court to hear the case. The California Supreme Court, which agrees to consider only a small number of cases each year, has the discretion whether to grant review and hear the matter.

Appealing a Family Law Decision

The Appellate Process

 

The appellate process requires specific knowledge and skills. Effective appellate attorneys must be able to

  • Consult with trial counsel to strategically position a case in the trial court for appeal

  • Assess whether an order or judgment is appealable

  • Evaluate the merits of a potential appeal

  • Designate and assemble the record on appeal

  • Understand appellate procedures and applicable standards of review

  • Conduct in-depth research relating to the issues on appeal

  • Draft persuasive briefs targeted to appellate court justices

  • Prepare and present oral argument in the appellate court

  • Analyze the Court of Appeal’s decision and its implications for future proceedings

  • Appraise whether to file a petition for an extraordinary writ or ask the California Supreme Court to review the case

Peter works closely with his clients and trial counsel to evaluate the strengths and weaknesses of potential appeals, and to present the best possible arguments to the appellate court to maximize his clients’ chances for success.

Family Law Issues on Appeal

 

Family law appeals may present many unique issues, including questions relating to:

  • Dissolution of marriage

  • Asset valuation

  • Division of property

  • Characterization of property as community or separate property

  • Property tracing

  • Prenuptial and Postnuptial Agreements

  • Marital settlement agreements

  • Spousal support

  • Child support

  • Child custody and visitation

  • Domestic violence

  • Sanctions

  • Attorney’s fees

Peter is experienced in evaluating a wide range of family law issues and uniquely qualified to present those issues on appeal.