California Civil Appeals Attorneys Strategic Advocacy in California's Courts of Appeal
Compelling arguments with sound strategy, before the California Courts of Appeal and Supreme Court.
Request a Free Consultation →Compelling Arguments With Sound Strategy
A trial court judgment is not always the final word.
McLellan Law Group, LLP handles civil appeals before the California Courts of Appeal and the California Supreme Court for clients throughout Silicon Valley, Santa Clara County, and the Bay Area. Our attorneys have argued and won significant appellate decisions, including reversals of attorneys' fee awards exceeding $700,000.
We are regularly retained by clients in San Jose, Saratoga, and across the Bay Area to handle appeals from scratch after judgment, as well as to preserve the appellate record during trial.
Our Victories On Appeal
Peralta v. Sanchez (2020, Sixth District Court of Appeal, Case No. H048814)
Claire Melehani presented the case before the Sixth District Court of Appeal, successfully defending against an appeal of a probate order that granted her client a lifetime widow's homestead exemption following her husband's death. This order ensured the client could live in her home without interference from her stepchildren.
Read the opinion →San Jose Nihonmachi, LLC v. Miraido Corp., et al. (2023, Second District Court of Appeal, Case No. B323093)
Steven McLellan argued this case with a colleague, and won reversal of an attorneys' fee award of close to $700,000 against his former client. The client, a limited partner in a real estate development project, sued the general partners over their partnership agreements. Although the client voluntarily dismissed the case, the trial court awarded attorneys' fees to the general partners. Steven persuaded the Court of Appeal that this award of fees by the trial court was incorrect.
Read the opinion →Time limits apply.
In most California civil cases you have 60 days from entry of judgment to file a notice of appeal. McLellan Law Group, LLP is based in Saratoga, California and serves appellate clients throughout Silicon Valley and all of California. Contact us for a free consultation.
What Our Appellate Attorneys Do
Civil Appeals FAQs
An appeal is a legal process where a higher court reviews a lower court's decision. It is pursued when one party believes there was an error in the trial's procedure or the judge's interpretation of the law. Successful appeals can result in reversing or modifying the lower court's decision.
In California, the timeframe to file an appeal varies depending on the type of case. Generally, for civil cases, you have 60 days from the date of the judgment or order to file a notice of appeal. For criminal cases, the deadline is typically 30 days. Missing these deadlines can result in losing the right to appeal. Always consult the specific rules or seek legal advice to ensure compliance with the correct filing period.
The duration of an appeal process can vary, but in California, it typically takes between 12 to 18 months. This timeframe includes filing briefs, oral arguments, and waiting for the court's decision. Complex cases or those with extensive records may take longer. Each step of the appeal process has specific deadlines that must be met, and the overall length can also be influenced by the caseload of the appellate court.
In California, if a litigant wins an appeal, they may be entitled to recover attorneys' fees and costs. The prevailing party can file a motion to claim these expenses from the losing party.
Results-Driven. Personally Invested.
Notable Results
Appellate Fee Award Reversal
Business LitigationWon reversal on appeal of a nearly $700,000 attorneys' fee award entered against a limited partner in a real estate development partnership, persuading the California Court of Appeal that the trial court erred in awarding fees to the general partners after the limited partner voluntarily dismissed the case.
These results are provided for informational purposes only. Prior results do not guarantee a similar outcome, and every matter turns on its own facts and law. Representative matters include results obtained in Mr. McLellan's prior practice.
What Our Clients Say
Results depend on the specific facts and law of each matter. Prior results do not guarantee or predict a similar outcome in any other case.