Appeals
Appeals

Schiffer & Buus represents clients in all facets of the civil appels process, both in state and federal courts.  Schiffer & Buus has handled a wide-array of appellate matters ranging from anti-SLAPP litigation, enforcement of a right to attorney's fees following litigation under specialized statutory schemes, interpretation of municipal ordinances, homeowners association law, as well as many others.  Appellate matters are handled with the utmost quality of care to assure that our clients have the best chance of receiving favorable results. Represenative appellate matters include the following:

 

In re: Berkeley Delaware Court, LLC,, United States Court of Appeals, Ninth Circuit (clarifying the ability of a bankruptcy trustee to sell an estate's legal claims as opposed to selling the estate's property-published opinion at 834 F. 3d 1036 (9th Cir. 2016));

 

Royal Pacific v. Arneson, California Court of Appeal, Fourth Appellate Distrct, Divsion Three (addressing when attorney's fees may be recoverable by an employee following the dismisal of a suerior court appeal from a Labor Commissioner's decision published opinion at 239 Cal. App. 4th 1275 (2015)

 

Willard v. Kelley,  California Court of Appeal, Fourth Appellate District, Division Three (defended against a claim for attorney's fees under the private attorney general statute following an unsuccessful ballot designation challenge by one candidate for office against another candidate for office under the Election Code- prevailed in a published opinion at 2015 WL 4479686 (June 29, 2015);

 

Audio Visual Services Group, Inc. v. Superior Court Los Angeles County (Solares), California Court of Appeal, Second Appellate District, Division Three (defended against class action claims by audio visual employees arising from the City of Los Angeles service charge ordinance pertaining to Century Corridor hotel workers- prevailed on writ of mandate in published appellate opinion at 233 Cal. App. 4th 481 (2015));

 

John Doe v. Gangland Productions, United States Court of Appeals, Ninth Circuit, (prosecuted claims for public disclosure of private facts and false promise and successfully defeated an anti-SLAPP special motion to strike- prevailed in a published appellate opinion at 730 F.3d 946 (9th Cir. 2013));

 

Wittenberg v. Beachwalk Homeowners Association,  California Court of Appeal, Fourth Appellate District, Division Three (prosecuted claims on behalf of dissenting homeowners for violation of HOA election process involving equal access to association media- prevailed in a published opinion filed at 217 Cal. App. 4th 654 (2013)); and

 

Schmidt v. Dieden, California Court of Appeal, First Appellate District (lien priority dispute involving a judgment and the impact on a joint tenancy) (published opinion at 104 Cal. App. 4th 645 (2001)).



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