Appeals and Writs
Weintraub Tobin attorneys offer expert representation in all aspects of civil appeals, in both state, federal and arbitration cases. We take pride in our ability to provide the highest quality appellate solutions for our clients. Our attorneys have specialized expertise in all forms of trial and post-trial extraordinary writs, interlocutory appeals, post trial motions and post-trial appeals.
Representative Published Cases
In Re Mark B v. Leslie B (2007) 149 Cal.App.4th 61. Can a Superior Court sitting as a Juvenile Court issue sanctions pursuant to CCP 128.7? The answer is now yes, as determined in this case. Weintraub represented respondent/real party in interest, Dale Wilson (successful on appeal).
Cummings v. Future Nissan (2005) 128 Cal.App.4th 321 establishes that arbitration agreements which provide for a second level review of an arbitration award by a second private arbitrator are enforceable in California, and that objections to arbitration must be raised at the outset or they are waived. Weintraub represented respondent Future Nissan (successful on appeal).
Estate of Goyett v. Harkey (2004) 123 Cal.App.4th 67 stands for the rule that a testator’s use of the term “my money” was properly interpreted to include essentially all of the testator’s financial assets including bank accounts, certificates of deposit, money market accounts, treasury bills and savings bonds. Weintraub represented respondent Vivian York (successful on appeal).
Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal.App.4th 32 establishes, among other things, that: (1) the “good cause” standard established by Cotran v. Rollins Hudig Hall, Inc. applied to implied contracts not to terminate except for good cause did not apply to contracts for a specified term under California Labor Code section 2924; and (2) that Business and Professions Code section 2056 which protects physicians who advocate for medically appropriate health care from retaliation applies in contexts other than disputes with a healthcare payor. Weintraub represented appellant Dr. Khajavi (partial success on appeal).
Channel Lumber Co. v. Porter Simon (2000) 78 Cal.App.4th 1222 provides that a corporation’s attorneys are not “agents” as defined by Corporations Code section 317 and thus are not entitled to reimbursement of fees in defending against a malpractice action from its former client. Weintraub represented appellant Channel Lumber (successful on appeal).
Oliver v. AT&T Wireless Services (1999). Does the presence of an unsightly structure, in this case a microwave tower, support a claim by a neighbor that the tower constitutes a private nuisance? The Third District Court of Appeal said no. Weintraub represented respondent AT&T Wireless (successful on appeal).