Appellate Litigator

While representing appellants, Myron Moskovitz has won over 80% of his published appellate cases — a cut above the average 20% reversal rate for civil appeals. Learn more about his career in appeals:

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Appellate Consultant

When other attorneys look for help with an appeal cases, they turn to Myron Moskovitz. He has helped hundreds of lawyers analyze their cases, write briefs, and prepare for oral argument.

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MCLE Teacher

Myron Moskovitz has taught lawyers throughout California how to strategize their writing to persuade judges. His book, Winning An Appeal, is a resource used by lawyers all over the country.

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APPELLATE COURT NAILS LAWYER AS “VEXATIOUS LITIGANT.”

In 2008, an LA trial judge declared attorney Charles Kinney to be a “vexatious litigant” – under a statute requiring such a designee to get court permission before filing any new lawsuit.  Without getting permission, Kinney filed a new lawsuit on behalf of a co-owner of his property, against his neighbors.  He lost and appealed. [...]

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WRITING TO WIN – January 25, 2012, in San Francisco

Title: WRITING TO WIN Location: Room 2202, Golden Gate University, 536 Mission St., San Francisco Description: Myron Moskovitz knows how to win. He has won over 80% of his published cases on appeal – most while representing appellants (who usually win only 20% of the time). In this seminar, he will share his secrets and [...]

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WINNING APPEALS & WRITS – January 23, 2012, in San Jose

Title: WINNING APPEALS & WRITS Location: JAMS, 160 W. Santa Clara St., 16th Floor, San Jose Description: How do you convince an appellate Justice to rule for you in a close case? At this January 19 seminar in San Jose, Professor Myron Moskovitz, retired 6th District appellate Justices Richard McAdams and Christopher Cottle, and former [...]

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LAWYER COPIES BRIEF, FILES IT IN COURT OF APPEAL: $10,000 SANCTION.

In my years as an appellate lawyer, I’ve seen many instances where attorneys have been sloppy, cut ethical corners, and otherwise behaved unprofessionally.  This one, however, stands out for laziness, disregard for client and process, and no idea that he might in fact get caught.  A cautionary tale, well told by Justice Bedsworth.  I quote [...]

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Phony “Tenant” Nailed for Identity Theft

Here’s my write-up on another recent case, for CEB’s Landlord-Tenant Practice books. In People v. Bell (2011), 197 CA4th 822, 128 CR3d 588, Bell leased an apartment under the name of another person whose identity Bell was using without permission, then made only partial rent payments.  The court upheld Bell’s conviction for grand theft: “We [...]

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Landlord Waives Anti-Waiver Provision!

Here’s another summary of a recent case I’m adding to California Landlord-Tenant Practice (CEB: In Gould v. Corinthian Colleges, Inc. (2011) 192 CA4th 1176, 120 CR3d 943, a commercial lease contained an “anti-waiver” provision, which said that the landlord’s acceptance of less than the full amount of rent shall not be a waiver of his [...]

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Landlord Not Liable Where Manager Sniffed Tenants’ Underwear

Here’s a case summary I recently wrote for California Landlord-Tenant Practice (CEB): In Ramirez v. Wong (2010) 188 CA4th 1480, 116 CR3d 412, a male resident manager entered an apartment occupied by two female tenants while they were out, opened their dresser drawer, and sniffed their underwear.  The court held that this did not violate [...]

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Tenant May Sue for Wrongful Eviction Even Where Landlord Had Writ of Possession!

Here’s another case summary I’ll be adding to the California Eviction Defense Manual (CEB): In Munoz v. MacMillan (2011) 195 CA4th 648, 124 CR3d 664, the landlord sued the tenant in unlawful detainer, won, obtained a writ of possession, and evicted the tenant.  The tenant then appealed and won.  Then the tenant sued the landlord [...]

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Court Upholds Rental Agreement Waiver of Liability for Tenant Injuries Caused by “Amenities”

I’m now writing an Update for a book I wrote many a year ago: the California Eviction Defense Manual, now published by California Continuing Education of the Bar. In the next few days, I’ll be posting summaries of some of the more significant new cases. Here’s the first one.  The case came down just a [...]

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Law Professors as Litigators: The Hazards of Wearing Two Hats

Today’s NY Times (11/15/11, page A19) has a piece about law profs who sign on to amicus briefs filed in the U.S. Supreme Court.  It mentions a Harvard professor who usually refuses to sign where he hasn’t had the time to thoroughly check whether the brief is analytically and historically accurate.  An academic, he says, [...]

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