Published Appeals Cases
For many years, Myron Moskovitz has been putting his legal knowledge and experience to the test in civil appeal cases in all levels of higher court, including the United States Supreme Court, federal Courts of Appeals, the California Supreme Court, and California Courts of Appeal. While the average success rate for appellants is around 20%, Myron has an 80% success rate for appellants in published cases.
Below is a list of published appellate cases in which Myron played a leading role. Beyond the basic facts contained on this page, you can learn more about each case by viewing the court’s opinion, available on this site and downloadable as a PDF or Microsoft Word document.
| Case |
Citation |
Represented |
Result |
Opinion |
| The People v. Vaughn |
(1966) 243 Cal.App.2d 730 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal for criminal defendant who was not given proper hearing. |
|
| Diaz v. Quitoriano |
(1969) 268 Cal.App.2d 807 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal in class action by farm workers who were denied welfare benefits. |
|
| Schweiger v. Superior Court |
(1970) 3 Cal.3d 507 |
Appellant |
Writ Issued |
PDF
Word
|
| Case Summary |
| Obtained writ; opinion established new doctrine of retaliatory eviction. |
|
| Aweeka v. Bonds |
(1971) 20 Cal.App.3d 278 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal; opinion established new right to sue for damages for retaliatory eviction. |
|
| Case |
Year |
Represented |
Result |
Opinion |
| Lindsey v. Normet |
(1971) 405 U.S. 56 |
Appellant |
Reversed |
|
| Case Summary |
| Wrote brief resulting in reversal; opinion held that tenants faced with double rent appeal bond in Oregon eviction cases had been denied Due Process of Law. |
|
| Hinson v. Delis |
(1972) 26 Cal.App.3d 62 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal; opinion established new doctrine of implied warranty of habitability. |
|
| Green v. Superior Court |
(1974) 10 Cal.3d 616 |
Appellant |
Writ Issued |
PDF
Word
|
| Case Summary |
| Wrote amicus brief and orally argued, obtained writ; opinion confirmed Hinson and applied implied warranty of habitability to unlawful detainer cases. |
|
| Birkenfeld v. City of Berkeley |
(1976) 17 Cal.3d 129 |
Appellant |
Writ Issued |
PDF
Word
|
| Case Summary |
| Obtained ruling establishing right of California cities to adopt residential rent control. |
|
| Case |
Year |
Represented |
Result |
Opinion |
| Rue-Ell Enterprises v. City of Berkeley |
(1983) 147 Cal.App.3d 81 |
Respondent |
Affirmed |
PDF
Word
|
| Case Summary |
| Obtained affirmance of judgment upholding city’s right to place limits on commercial rents. |
|
| Cotati Alliance for Better Housing v. City of Cotati |
(1983) 148 Cal.App.3d 280 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal for City; opinion upheld City’s rent control ordinance. |
|
| Fisher v. City of Berkeley |
(1983) 37 Cal.3d 644 & 475 U.S. 260 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal of Court of Appeal opinion invalidating residential rent control ordinance; California and U.S. Supreme Court held that rent control did not violate Due Process or antitrust laws. |
|
| The People v. McNiece |
(1986) 181 Cal.App.3d 1048 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal of vehicular manslaughter conviction; Court of Appeal held that standard jury instruction was erroneous, even though trial counsel had not objected to instruction. |
|
| Case |
Year |
Represented |
Result |
Opinion |
| Palmer v. Ted Stevens Honda, Inc. |
(1987) 193 Cal.App.3d 530 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal of punitive damage award against used car dealer. |
|
| City of Berkeley v. City of Berkeley Rent Stabilization Board |
(1994) 27 Cal.App.4th 951 |
Appellant |
Affirmed |
PDF
Word
|
| Case Summary |
| Failed to obtain reversal of trial court ruling upholding rent board’s method of allowing rent increases. |
|
| Trans-Action Commercial Investors, Ltd. v. Firmaterr |
(1997) 60 Cal.App.4th 352 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal of trial court’s imposition of $50,000+ sanctions against attorney who allegedly violated in limine orders during jury trial. |
|
| Makarova v. United States |
(2000) 201 F.3d 110 |
Appellant |
Affirmed |
|
| Case Summary |
| Failed to obtain reversal of district court ruling that ballerina’s personal injury suit for injuries sustained during performance at Kennedy Center was barred by availability of worker’s compensation benefits. |
|
| Case |
Year |
Represented |
Result |
Opinion |
| Estate of Jones |
(2004) 122 Cal.App.4th 326 |
Appellant |
Affirmed |
PDF
Word
|
| Case Summary |
| Failed to obtain reversal of trial court ruling that testator did not intend to leave his estate to former stepdaughters. |
|
| Betz v. Trainer-Wortham & Co., Inc. |
(2007) 519 F.3d 863
2007 WL 1494018 |
Appellant |
Reversed |
PDF
Word
|
| Case Summary |
| Obtained reversal of district court ruling that elderly woman’s suit for securities fraud and related state claims was barred by statute of limitations. |
|
| Tecklenburg v. Appellate Division |
(2009) 169 Cal.App.4th 1402 |
Appellant |
Affirmed |
PDF
Word
|
| Case Summary |
| Successfully sued Court of Appeal in Supreme Court to compel Court of Appeal to hear criminal appeal, but then failed to persuade Court of Appeal to reverse conviction. |
|
| Rental Housing Association of Northern Alameda County v. City of Oakland |
(2009) 171 Cal.App.4th 741 |
Respondent |
Affirmed |
PDF
Word
|
| Case Summary |
| Obtained affirmance of trial court ruling upholding constitutionality of City’s “just-cause-for-eviction” ordinance. |
|
