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

Corenbaum v. Lampkin (2013)
California Court of Appeal holds that evidence of “billed” but unpaid medical expenses is not admissible to prove future medical damages or noneconomic damages.
Moran v. South Coast Medical Center (2013)
California Court of Appeal affirms hospital’s denial of medical staff privileges.
Husain v. Superior Court (McDonald’s) (2013)
California Court of Appeal holds that trial court cannot grant terminating sanctions when there has been violation of a discovery order and no deprivation of a fair trial.
Jankey v. Lee (2012)
California Supreme Court holds that prevailing defendant in disability access action is entitled to mandatory award of attorney fees.
Don Johnson Productions, Inc. v. Rysher Entertainment (2012)
California Court of Appeal reduces judgment in favor of actor Don Johnson from $53.2 million to $15 million.
Bison Builders Inc. v. ThyssenKrupp Elevator Corporation (2012)
California Court of Appeal holds that elevator company is not required to indemnify general contractor for construction accident.
Howard Entertainment, Inc. v. Kudrow (2012)
California Court of Appeal reverses summary judgment in favor of actress in contract dispute over withheld agent commissions.
Finley v. Club One, Inc. (2012)
Court of Appeal holds health club member’s personal injury lawsuit is barred by liability waiver in membership agreement.
Garcia v. ConMed Corporation (2012)
California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.
Wang v. Heck (2012)
California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.
O'Neil v. Crane Co. (2012)
California Supreme Court holds that product manufacturers cannot be liable for injuries caused by replacement parts.
Gonzalez v. Southern California Gas Company (2011)
California Court of Appeal reverses judgment in wrongful death/premises liability case based on absence of legal duty.
Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC (2011)
California Supreme Court unanimously reverses Court of Appeal opinion in eminent domain dispute.
Burlington Coat Factory v. Bella Terra Associates (2011)
California Court of Appeal upholds landlord’s interpretation of novel lease provision.
Barrese v. Murray (2011)
California Court of Appeal reverses jury verdict and remands for reconsideration of motion for new trial.
Behnke v. State Farm General Insurance Co. (2011)
California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.
Attitudes Hair & Nail Salon v. Superior Court (2011)
California Court of Appeal issues peremptory writ reversing denial of summary judgment in case involving Unruh Act and Disabled Persons Act.
Ibarra v. Carpinello (2011)
California Court of Appeal affirms dismissal of defamation lawsuit in high-profile MMA dispute.
In re Pineda (2011)
Horvitz & Levy petition to California Supreme Court results in reconsideration of ruling against abused minor.
Bruns v. E-Commerce Exchange, Inc. et al. (2011)
California Supreme Court reverses Court of Appeal opinion that permitted plaintiff to proceed with putative class action more than five years after filing complaint.
State Farm v. Lee (2011)
California Court of Appeal affirms order granting motion to strike cross-complaint for abuse of process.
Li v. Simpson Thacher & Bartlett LLP (2010)
California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.
Huitt v. Southern California Gas Company (2010)
California Court of Appeal reverses $12.6 million judgment, including $10 million in punitive damages, and directs entry of judgment for defendant in failure-to-warn case.
Molina v. Shell Oil Co. (2010)
California Court of Appeal affirms defense verdict in product defect action against chemical manufacturers, rejecting plaintiffs' attempt to use jury instructions developed for asbestos litigation.
Raymond v. Flynt (2010)
California Court of Appeal reverses arbitration award against employer in sexual harassment case.
Tverberg v. Filner Construction, Inc. (2010)
California Supreme Court limits scope of hirer liability to self-employed contractors.
Collins v. Plant Insulation Company (2010)
California Court of Appeal reverses $1.9 million judgment in asbestos action and orders new trial on allocation of fault.
Boeken v. Philip Morris USA, Inc. (2010)
California Supreme Court rules that a plaintiff who previously sued for loss of consortium based on a spouse’s personal injuries cannot, consistent with the res judicata doctrine, again pursue post-death consortium damages in a second lawsuit for wrongful death.
Walton et al. v. The William Powell Co. (2010)
California Court of Appeal reverses $5 million judgment in asbestos case, holding that valve maker is not liable as a matter of law for asbestos that was used in conjunction with its product.
Kirk v. First American Title Insurance Company (2010)
California Court of Appeal issues opinion approving the use of ethical screens to avoid vicarious law firm disqualification.
Logix v. Faherty (2010)
California Court of Appeal reverses $40 million judgment in dispute over satellite television royalties.
Fire Insurance Exchange v. Superior Court (2010)
California Court of Appeal issues writ of mandate, directing trial court to grant summary judgment in favor of insurer in coverage dispute.
Mnatsakanyan v. CalFarm Insurance Company (2010)
Court of Appeal reverses $4.6 million judgment on arbitration award.
Baker v. National Interstate Insurance Company (2009)
California Court of Appeal reverses $12 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.
PrediWave Corporation v. Simpson Thacher & Bartlett et al. (2009)
California Court of Appeal reverses trial court order that dismissed $2 billion attorney malpractice suit under anti-SLAPP statute.
Griffin Dewatering Corp. v. Northern Ins. Co. of New York (2009)
California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.
Pauma Band of Luiseño Mission Indians v. Harrah’s Operating Company, Inc. (2009)
California Court of Appeal reverses $30 million judgment in business dispute arising from negotiations to develop and manage a hotel and casino on an Indian reservation.
Silverbrand v. County of Los Angeles (2009)
California Supreme Court extends “prison delivery rule” to notices of appeal in civil cases.
In Re Episcopal Church Cases (2009)
California Supreme Court rules in favor of national church in property dispute with breakaway local parish.

Representative Briefs

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.
Sonic-Calabasas A, Inc. v. Moreno (2012)
California Supreme Court amicus brief arguing that the Federal Arbitration Act preempts California public policy and unconscionability standards that invalidate arbitration agreements where the arbitration procedures fail to satisfy certain minimal procedural requirements or unduly favor one party over the other.
Ballester v. Superior Court (2011)
Petition for review asking the California Supreme Court to overrule Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785 to the extent it permits discovery of private non-party information that is not directly relevant to pending litigation.
Howell v. Hamilton Meats & Provisions, Inc. (2010)
California Supreme Court amici curiae brief arguing that the common-law collateral source rule does not allow a plaintiff to recover as medical expense damages the “usual and customary” charges billed by the plaintiff’s healthcare providers when the providers agreed to accept as full payment for their services lesser amounts from the plaintiff’s health insurance carrier.
O'Neil v. Crane Co. (2010)
California Supreme Court brief arguing that a defendant cannot be liable for injuries caused by a product it did not manufacture or distribute.
Chavez v. City of Los Angeles (2009)
California Supreme Court amicus brief on behalf of public interest organizations in dispute over availability of attorney fees in low-damage discrimination cases.
Burlage v. Superior Court (2009)
Answer to petition for review in the California Supreme Court, arguing against review of a published Court of Appeal decision that affirmed an order vacating an arbitration award.
Fairbanks v. Superior Court (Farmers) (2008)
California Supreme Court amicus brief arguing that insurers provide neither “goods” nor “services,” and thus are not subject to the Consumer Legal Remedies Act.

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California Supreme Court & Court of Appeal

Representative Wins

Representative Briefs