Tim Kowal Podcasts

Being a victim of discrimination and harassment at the hands of an employer is hard enough, but what happens when your employer is a judge? On episode 39 of the California Appellate Law Podcast, Aliza Shatzman discusses her personal experience and why it was not only personally horrifying, but damaging to her career. Aliza also shares how the exper…

H.L. Mencken had it that “democracy is the theory that the common people know what they want, and deserve to get it good and hard.” In two recent opinions, California courts gave the people what they voted for by enforcing two California voter initiatives: one that is tough on criminal defendants, and another that is favorable to criminal defendant…

The Co-Founder of Casetext, Pablo Arredondo, explains how legal technology that is available today will allow solos and small firms to compete against Big Law. Tim and Jeff talk with Pablo about: Why Artificial Intelligence—which didn’t work well for a long time—now makes it much, much easier to find the legal authority you’re looking for. The sear…

When a cadre of appellate nerds began the California Academy of Appellate Lawyers (and Eating and Drinking Association) 50 years ago, the state appellate system was not functioning well. Ben Shatz joins Jeff Lewis and Tim Kowal to talk about the founding of CAAL, where appellate jurists and practitioners could speak frankly about the problems in th…

Jeff and Tim discuss some surprising recent cases, including two cases where the courts allowed untimely appeals, and a case where the right to an appellate record via a settled statement — although guaranteed in the Rules of Court and duly requested by the appellant — was rejected without appellate recourse. And Jeff previews an anti-SLAPP motion …

High-profile and celebrity family law attorney Chris Melcher has represented some of the largest divorce cases in California, including multiple cases ending in published appellate decisions. Chris talks with Jeff and Tim about how celebrity-driven cases shape the law, such as the #FreeBritney movement against conservatorship abuse. Chris then talk…

Drawing from his experience training federal judges and top law lawyers how to write more effectively, Ross Guberman shares some of his best writing tips with Jeff and Tim on episode 33 of the California Appellate Law Podcast at www.CALPodcast.com. Ross also gives a tour of his latest product, BriefCatch 3.0 (now available on Mac), a tool that scor…

Certified appellate specialist and mediator John Derrick talks to Jeff and Tim about mediating cases on appeal. John explains that some appellate courts have mediation programs because of a mission to promote settlement. But the courts’ job is to decide cases. John discusses the conflict between these two roles, including a story about an appellate…

After Jeff quizzes Tim on a bit of appellate esoterica about the automatic 15-day default extension for appellate briefs, the co-hosts discuss whether appellate justices modulate their approaches to sympathetic cases. The conversation also covers recent cases involving: Defective notices of appeal. Can an action be dismissed pending appeal? A surpr…

In this special episode, Jeff interviews Tim about the best and worst things about appellate law. Tim shares his favorite war stories, shares his approach to legal writing, and talks about his favorite comedian. Then to business, Jeff and Tim discuss some recent cases. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. …

David Greco heads up the appellate practice at the probate litigation firm RMO, LLP. David shares with co-hosts Jeff Lewis and Tim Kowal some of the unique features and challenges in probate appeals: 👉 Fact challenges in probate appeals are uniquely difficult to win. Probate trials are typically bench trials, and appellate courts very rarely overtu…

The authors of the famous CalAttorneysFees.com blog, Marc Alexander and Michael Hensley, join us to discuss tips, traps, and best practices on attorney fee motions. Some key takeaways: 💡 Give the judge a roadmap. Explain: (1) Why you get fees; (2) Why your motion is timely; (3) What is the appropriate lodestar rate; (4) Why is the amount reasonable…

When we covered some of the tips and pitfalls of family-law appeals on episode 6 of the California Appellate Law Podcast, it became one of our most popular episodes. So we invited Victoria Fuller, a certified appellate specialist focusing on family law, to join us for another installment. Walking practitioners through various procedural issues in f…

“I’m not a prophet,” Judge Lawrence VanDyke wrote in his controversial concurring opinion in McDougall v. County of Ventura. Second Amendment attorney Sean Brady disagrees. Joining appellate attorneys Tim Kowal and Jeff Lewis, Sean says Judge VanDyke will be proven correct: the Ninth Circuit in the last several years has granted en banc review of e…

Reviewing some 9th Circuit and California appellate cases of note from early 2022, appellate specialists Jeff Lewis and Tim Kowal discuss these juicy issues: 💡 Can the 6th Amendment right to speedy trial be indefinitely postponed due to Covid? (Yes, if the defendant is not incarcerated, says the 9th Circuit in United States v. Olsen.) 💡 Can the sta…

Attorney and author Ryan McCarl joins Tim and Jeff to discuss his forthcoming book, Elegant Legal Writing, and his career through academia into private practice. Ryan tells Tim and Jeff the most common mistakes in attorneys’ briefs, which include legalese (why are you still using legalese?), and providing too little white space on the page — white …

Jeff and Tim round up some recent California appellate cases of note: Singman v. IMDB.com, bookmark this published opinion holding that legal propositions in a brief without a citation will be ignored. Center Street v. Superior Court involving a rare summary affirmance. Alexi & Ani LLC v. Warren, allowing an attorney sanctions appeal to proceed tho…

Attorneys David Ettinger and Dean Bochner join hosts Tim Kowal and Jeff Lewis to explain their proposal to amend California Rules of Court 8.1115, the rule that prohibits the citation to unpublished opinions. David and Dean note that, despite rule 8.1115 near-categorical ban, the courts in practice already condone such citations in some contexts, m…

In this timely episode, health care litigator Rick Jaffe joins appellate attorneys Tim Kowal and Jeff Lewis to discuss the maelstrom of lawsuits challenging vaccine mandates in state and federal trial courts and appellate courts throughout the nation. Rick’s practice focuses on cutting-edge medical and legal issues across the country, and he is the…

Appellate attorney and Author Myron Moskovitz joins Tim Kowal and Jeff Lewis to discuss appellate writing tips, the importance of the Appellant's Reply Brief and Moot Arguments and his books teaching appellate tips. Appellate Specialist Myron Moskovitz's biography. Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed. Appe…

Appellate attorney Anne Grignon joins Tim Kowal and Jeff Lewis to discuss her recent win in Banc of California v. Superior Court, a writ petition from an order compelling arbitration. Anne discusses when and why to take a writ from nonappealable orders. The attorneys then turn to private judging generally, discussing Justice Segal's recent caution …

Frances Campbell of Campbell & Farahani, LLP joins us for a discussion about her practice involving housing law, eviction defense, appeals and practicing in limited jurisdiction courts. She shares her views on the coming eviction tsunami (spoiler, she says it's a myth) , the term HateWrite and the font Cochin for brief writing. Appellate Specialist…

Lee Goldberg joins us for a discussion about his perspective as outside general counsel. Lee shares decades of experience using litigators to solve business problems and offers advice for trial attorneys serving corporate clients. We talk about Lee’s recent video series on LinkedIn and his website CalLawyers.com, and what a general counsel looks fo…

Kelly Ernby of the Orange County District Attorney's office joins us for a discussion about the first remote argument in the California Supreme Court during covid and her appellate experience on behalf of the District Attorney's office. We discuss Abbott Laboratories v. Superior Court and the ability of a District Attorney to initiate litigation be…

Jeff Calkins, a recently-retired senior research attorney with the Court of Appeal, talks with appellate attorneys Jeff Lewis and Tim Kowal about what it is like working at an appellate court ("like a monastery," in a good way), about how the writ panel works, cultural differences in the different district Courts of Appeal, and why the California a…

Missouri appellate attorney John Reeves joins Tim and Jeff to discuss Marin Housing authority v. Reilly, a case pending possible review by the United States Supreme Court. At issue there: whether a public housing authority, in calculating a family’s annual income, is required to exclude Medicaid-funded payments made to a family by a State agency to…

Georgia appellate attorney Frank Lowrey joins Tim and Jeff to discuss Williams v. Harvey, a recent decision by the Georgia Supreme Court concerning preservation of error and motions in limine. Frank, Tim and Jeff also discussed civility and other aspects about practicing appellate law. Appellate Specialist Jeff Lewis' biography and Twitter Account …

Hosts Tim Kowal and Jeff Lewis discuss legal writing with Judge Robert Bacharach of the Tenth Circuit Court of Appeals. Judge Bacharach has written a new book on legal writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word. We discussed his perspective from the bench on legal writing and appellate practice. Appellate Special…

Hosts Tim Kowal and Jeff Lewis discuss recent appellate decisions and share tips for trial lawyers to maximize their chances of prevailing on appeal. Appellate Specialist Jeff Lewis' biography and Twitter Account Appellate Specialist Tim Kowal's biography and Twitter Account Sign up for Tim Kowal’s Weekly Legal Update Wells Fargo Bank, N.A. v. Agak…

Alan Yockelson joins Tim and Jeff to discuss Alan's cases involving genetic testing of the remains of Charles Manson and the right to a jury trial in statutory unfair competition cases. Alan shares his decades of experience on the value of tentative opinions, does oral argument matter and other appellate tips. Appellate Specialist Jeff Lewis' biogr…

Episode 9: Cory Webster joins Tim and Jeff to discuss the differences in state and federal appellate procedure. The three appellate attorneys discuss postjudgment motion tips, oral argument, and the growing influence of appellate decisions. Jeff and Tim then discuss recent appellate news, including a recent decision that suggests civility may be a …

Episode 8 – This episode includes an interview with appellate attorney MC Sungaila Appellate Specialist Jeff Lewis' biography and Twitter Account Appellate Specialist Tim Kowal's biography MC Sungaila's biography Sign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in this episode Apex LLC v. Korusfood.com (2013) 222 Cal.App.4th 101…

Episode 7 – This episode discusses stays and bonds in California appeals Appellate Specialist Jeff Lewis' biography Appellate Specialist Tim Kowal's biography Sign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in this episode Buechler v. Butker Buzgheia v. Leasco Sierra Grove Chamberlinv. Dale’s R. Rentals, Inc. Changsha Metro Gro…

This episode discusses appeals and writs in family law cases. Appellate Specialist Jeff Lewis' biography Appellate Specialist Tim Kowal's biography Sign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in this episode California Rules of Court, Appendix I re Covid California Rules of Court, Rule 8.104 Code of Civil Procedure, section…

This episode discusses California cases and procedures in impacting making and challenging peremptory challenges to jurors and motions for reconsideration. Appellate Specialist Jeff Lewis' biography Appellate Specialist Tim Kowal's biography Sign up for Tim Kowal’s Weekly Legal Update Cases and Laws mentioned in this episode AB 3070 – New law gover…

This episode discusses cases and procedures in appealing preliminary injunctions. Appellate Specialist Jeff Lewis' biography. Appellate Specialist Tim Kowal's biography . Cases mentioned in this episode ABBA Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1 Abbott Laboratories v. The Superior Court (2018) 24 Cal.App.5th 1 (2018) Amgen v. Health Care S…

This episode of California Appellate Law Podcast discusses cases, procedure and common pitfalls in appeals involving summary judgments. Appellate Specialist Jeff Lewis' biography and background. Appellate Specialist Tim Kowal's biography and background. Cases mentioned in this episode Ung v. Koehler (2015) 135 Cal.App.4th 186 Mosley v. Pacific Spec…

This episode of California Appellate Law Podcast discusses cases finding that orders generally considered not appealable to be appealable, such as demurrer orders, summary judgment orders, and statements of decision. Appellate Specialist Jeff Lewis' biography and background. Appellate Specialist Tim Kowal's biography and background. Cases mentioned…

The inaugural episode of California Appellate Law Podcast discusses California's anti-SLAPP law, Code of Civil Procedure section 425.16 and several key decisions by the California Court of Appeal and the California Supreme Court. In 1992, California enacted Code of Civil Procedure section 425.16 which provides a mechanism for quickly dismissing fri…