Appellate Practice

San Jose Appeals Attorneys

Clients rely on the firm of Rossi, Hamerslough, Reischl & Chuck ("RHRC") for effective representation when litigation leads to appellate or writ review. Its appellate attorneys specialize in all aspects of civil appeals in state court. Its appellate team guides clients through the complexities of appellate review, including such threshold issues as whether a particular judgment or order should be appealed, how the appellate process is implemented and decided, whether an appellate court's decision may be challenged, and what happens after the appellate process is complete. Its attorneys excel at appellate brief writing and oral advocacy.

Examples of Recent Cases

In re: James H. Baron, as Receiver v. Fire Insurance Exchange, et al. (Santa Clara County Superior Court Case # 1-03-CV-817085, Court of Appeal, Sixth District Case # H029830). Successfully represented a Court-ordered Receiver in a case against a major insurer for its failure to pay complete coverage on a fire insurance policy. The insurance company's adjuster had referred the Receiver to a contractor allegedly on its "approved" "contractor's list." The Receiver hired the contractor to perform the fire damage repairs on the insurance carrier's recommendation. The contractor walked off the job, absconding with a portion of the insurance benefits which had been paid. The carrier then refused to pay further policy benefits and denied further coverage, refusing to pay even the policy benefits it had agreed were owing forcing the Receiver to hire a new contractor funded by Receiver certificates. After a two-week jury trial, the jury awarded damages plus $1.5 million in punitive damages. After the Receiver then successfully moved for an award of attorney's fees, a total judgment of $2.1 million was entered against the insurance company. The award was successfully affirmed on appeal in a published decision.

In Re: Mavin Income Fund v. Chang (Sacramento County Superior Court Case #96-AS05978, California Court of Appeal Case #C031484). Represented a lender against a sophisticated apartment owner who allowed property (which served as loan security) to deteriorate, resulting in a judgment in excess of $2.1 million, affirmed on appeal.

In re: Kahn (United States District Court Case # C94-4339 FMS, appeal of Case #91-56128-MM, U.S. Bankruptcy Court for the Northern District of California). RHRC represented purchasers of commercial real property against a claim by the seller who carried back part of the purchase price. The property was sold at a foreclosure sale, and the seller sought a personal judgment against the buyers. The trial court's finding that the seller was a purchase money vendor and our clients were protected by California's anti-deficiency law was affirmed on appeal.

In Re: Zamani v. Simons (Santa Clara County Superior Court Case #CV780611). Represented a business seller in an action against a shopping center landlord for unreasonably refusing to consent to a lease assignment. The firm obtained a jury trial award of $90,000 for general damages and a punitive damages award of $400,000, which was successfully upheld on appeal.

In Re: Spieker v. County of Santa Clara Tax Assessor's Appeals. Obtained a settlement from the County Assessor reducing valuation of property by approximately $700,000.

In re: Hartzheim v. Valley Land and Cattle Co., et al. (Santa Clara Superior Court Case No.: 103CV010915; Court of Appeals, Sixth District Case # H030053) Represented a tenant car dealer whose lease contained a right of first refusal providing that if landlord obtained an offer from any third party for the purchase of all or a portion of the dealership property during the term of the lease that tenant had a right to exercise his option to purchase the property on the same terms and conditions. The landlord/partners transferred the property to their grandchildren during the term of the lease and tenant contended this transfer triggered its option to purchase the property. Case resulted in a recent published decision by the Court of Appeal.

In Re: Silva v. Davis (Court of Appeals, Sixth District Case #H029776) Successfully defended the buyer from an action by a former owner who claimed that he was still the actual owner of the property. The trial court granted our motion and dismiss the case, and the appellate court affirmed the trial court's decision.

Rossi, Hamerslough, Reischl & Chuck

1960 The Alameda, Suite 200 · San Jose, CA 95126 · (408) 261-4252