Thankful for Unpublished Opinions

The California Appellate Law Podcast

In a recent opinion, the Court of Appeal reversed by noting that one of the grounds supporting the judgment was forfeited…by the respondent.

Wait. By the respondent? An appellant must be careful not to forfeit argument, but not the respondent. We discuss, and express gratitude that this one was not published—and thus cannot be cited as precedent.

We also discuss:

• Have a short trial? Volunteer to be timekeeper. Otherwise, your request for a statement of decision may be deemed untimely under the strict rules for trials under 8 hours.
• Suing for unfair business practices? Double check standing based on “injury in fact,” and consider the conflicting arguments in the majority and dissent in Lagrisola v. North American.
• Opposing counsel stepping over the line of “zealous advocacy”? Court of Appeal calls out counsel in a recent case, but no sanctions—perhaps because respondent did not file a motion?
• A strange example of a moot appeal leading to a summary REVERSAL.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• **Can a respondent forfeit issues by failing to brief them? A bizarre opinion says yes. Baltazar v. ACE Parking Mgmt. (D4d1 Oct. 26, 2023 No. D081483) [nonpub. opn.]
• **Failing to log the length of trial leads to appellate loss. Lewis v. Reptile Factory, LLC (D2d3 Oct. 12, 2023 No. B324197) [nonpub. opn.]
• Dissent would invalidate loan where lender is unlicensed. Lagrisola v. North American (D4d1 Nov. 3, 2023 No. D080758)
• **“Bulldozer” advocacy moves dirt but not minds. Tedesco v. White (D4d3 Oct. 27, 2023 No. G061197) [nonpub. opn.]
• **Where a moot appeal means summary REVERSAL. People v. Pickens (D2d7 Nov. 9, 2023 No. B320704) [nonpub. opn.]
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.