The Appellate Process

Appeals in the California Courts of Appeal differ considerably from matters in the superior court. An appeal is decided by a panel of three justices. The justices do not take new evidence or oral testimony. Rather, they review transcripts of trial court proceedings and briefs submitted by the parties. The appellate process proceeds as follows:

Appellant files an opening brief setting forth the issues on appeal. The brief advocates for the reversal or modification of one or more rulings by the trial court. Respondent then files a brief opposing appellant's arguments, after which appellant may submit a reply brief.

After the parties file their briefs, the Court of Appeal places the case on calendar for oral argument. Each party then has the opportunity to argue their position to the appellate court.

The court will issue a written decision resolving the issues raised on appeal, typically within 90 days. The court's decision may dispose of the case in any number of ways, including affirming, modifying, or reversing the trial court's rulings.

Either party may petition the California Supreme Court for review. The Supreme Court agrees to consider only a small number of cases each year.

Family Law Appellate Experience

Peter brings a clear-eyed, objective perspective to your case, providing an independent evaluation of the full spectrum of family law issues for a potential writ or appeal.

Asset Valuation

Attorney's Fees

Child & Spousal Support

Child Custody & Visitation

Dissolution of Marriage

Division of Property

Domestic Violence (DVRO)

Marital Settlement Agreements

Prenuptial & Postnuptial Agreements

Property Characterization

Property Tracing

Sanctions

Julie Lin v. Jeffrey Lin

California Court of Appeal | Marital Settlement Agreement issue

Jeff Kuo v. Rebecca Yen-Chun Liu

California Court of Appeal | Support and Attorney's Fees issues

Shana Kenney v. Joseph Sarabalis

California Court of Appeal | Sanctions issue

Trent Cutler v. Superior Court (Marin County)

California Court of Appeal | Judicial Disqualification issue

Joanna Hillard v. Superior Court (Marin County)

California Court of Appeal | Sanctions issue

Petitioner v. Respondents

San Francisco Superior Court | Parentage issue

Cunningham v. California

U.S. Supreme Court | Sixth Amendment rights issue