California Supreme Court & Court of Appeal

Horvitz & Levy appears more often in the California appellate courts than any other firm. In the California Supreme Court, we have appeared as counsel of record or as counsel for amicus curiae in over 170 cases over the last 30 years. We have appeared even more frequently in recent years, with over 70 appearances in the last decade. In the California Court of Appeal, we have appeared as counsel of record in more than 1,200 cases since 1990.

As a result of our extensive experience, we have an unparalleled knowledge of the justices, procedures, and culture of the California appellate courts. We have literally written the book(s) on California appellate practice. Jon B. Eisenberg and Ellis J. Horvitz are co-authors of the leading treatise on civil appeals and writs in California, the Rutter Group's California Practice Guide: Civil Appeals and Writs. Curt Cutting and Bradley S. Pauley are co-authors of the California chapter of the Appellate Practice Compendium, published by the American Bar Association.

Our experience has translated into results. For example, since 1990 we have prevailed in 62% of cases in which we have represented appellants, compared to an average success rate of 20-25% for California civil appeals. 

We have been ranked as the #1 appellate practice in California by The Best Lawyers In America, and listed in the highest tier of California appellate firms by Chambers & Partners U.S.A., which has lauded the "strong performance and fresh perspective" of our attorneys and our "insight into the workings of the Supreme Court of California."

Drawing on our extensive experience in the California Supreme Court, we provide news and commentary on the practice of law before that court through our blog, At the Lectern.

Representative Wins

Representative Briefs

  • Chapala/All American Insurance Services, Inc. v. Superior Court (2013)
    Petition for writ of mandate arguing that the trial court erred in certifying classes by applying an incorrect legal standard in determining whether the classes were ascertainable.
  • Duran v. U.S. Bank National Association (2013)
    California Supreme Court amicus brief arguing that the use of statistical sampling to establish liability in a class action violates the defendant’s fundamental due process right to present defenses to liability.
  • Sanchez v. Valencia Holding Co., LLC (2012)
    California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California unconscionability standard that invalidates arbitration procedures to the extent they unduly favor one party over the other, and that in any event such arbitration procedures are not unconscionable under state law because they do not shock the conscience.
  • Show More...