When a case concludes at the trial court level, oftentimes one or more parties may decide to appeal. The appellate court’s review generally is limited to the record that is made at the trial court level. Appellate courts do not take testimony from live witnesses or consider new evidence. Instead, the appellate courts consider the written record from the lower court. Depending on the specific appeal, the appellate record can be a few written briefs and a hearing transcript, or many binders of transcripts, pleadings, motions and evidence admitted at trial. Sometimes, appellate courts defer to the trial court’s decisions, such as factual determinations or evidentiary rulings, while other times it reviews decisions independently, such as pure legal questions. The lawyers at Enenstein, Ribakoff, LaViña & Pham understand the appellate process and know how to advocate effectively on appeal. Moreover, the lawyers at Enenstein, Ribakoff, LaViña & Pham understand the critical connection between effective advocacy at the trial court level and success on appeal. Our appellate lawyers have experience and success representing clients in the California Court of Appeal, the Federal Ninth Circuit Court of Appeals, the California Supreme Court, the Nevada Supreme Court, as well as other state appellate courts and the Federal Circuit.
M’Guinness v. Johnson, 243 Cal. App. 4th 602 (2015)