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