Zealous Representation for our Clients in Writs and Appeals
In addition to handling litigation matters through trial to final judgment, Shore, McKinley, Conger & Jolley, LLP in Stockton, CA, frequently represents clients as appellate lawyers in civil appeals in the state and federal courts. Our attorneys are the counsel of record, collectively, on over 16 reported decisions from the California Courts of Appeal, the California Supreme Court, and the United States Supreme Court (amicus) - as well as numerous other non-published appellate decisions.
Our experienced attorneys can help promote a smooth transition of work from trial to appellate counsel and will handle the entire process from preparing and filing a detailed record of the proceedings in the lower court, through the extensively written briefing and oral argument.
We are well-versed in handling the appellate process from beginning to end.
We are well-versed in handling the appellate process from beginning to end including identifying and arguing critical legal issues, determining the applicable standards of review, identifying key evidence in voluminous records, and preparing comprehensive and compelling legal briefs.
Often litigators consult with and retain our firm before the trial court proceedings end. Our appellate attorneys are available to assist with and prepare strategic post-trial motions, statements of decision and objections to proposed statements, and to help litigators create a sufficient record of the proceedings to preserve the best issues for review and to ensure that the strongest arguments can be presented to the court reviewing the challenged judgment or order.
Writs and Pre-Judgment Appeals
In most cases, a party cannot immediately appeal interim rulings or orders, even if a ruling will affect the remainder of the litigation and the way the party presents the case. But litigants can seek extraordinary relief from the appeals court by filing a petition for a writ of supersedeas, mandate, or prohibition.
Appeals courts have great discretion to grant this type of relief, and whether or not to even consider a request. So, these proceedings are often complex and generally involve short deadlines. Our experienced appellate attorneys can help you evaluate the best strategy for seeking extraordinary relief.
Trial Court Writs and Mandamus
Our attorneys also have extensive experience prosecuting and defending trial court petitions for writs of mandate under Code of Civil Procedure § 1085 (traditional mandamus) and § 1094.5 (administrative mandamus). In these proceedings, the petitioner challenges some action (or inaction) by the government and seeks and order or "writ" compelling the government to take a specific action such as reinstating a professional license or revoking a development permit.
The trial court functions like a court of appeal reviewing the record of administrative proceedings and receiving extensive written briefs from the parties to determine whether the government has erred and what remedies may be ordered.
Our attorneys' reported appellate decisions include:
- Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 9 Cal. 4th 1029 [Brett S. Jolley, California Supreme Court]
- Citizens for Ceres v. Superior Court (2013) 217Cal.App.4th 889 [Brett S. Jolley]
- Bock v. Cal. Captial Loans, Inc. (2013) 216 Cal.App.4th 264 [Aaron S. McKinney]
- Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486 [Aaron S. McKinney]
- Mixon v. State (2012) 207 Cal.App.4th 124 [Aaron S. McKinney]
- Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296 [Brett S. Jolley]
- Brown v. Plata - 131 S.Ct. 1910 (2011) [Brett S. Jolley, U.S. Supreme Court, amicus]
- Tracy First v. City of Tracy (2009) 177 Cal.App.4th. 912 [Brett S. Jolley]
- San Joaquin Raptor Rescue Ctr. V. Co. of Merced (2007)149 Cal.App.4th 625 [Brett S. Jolley]
- American Canyon Comm. United for Resp. Growth v. City of American Canyon (2006)145 Cal.App.4th 1062 [Brett S. Jolley]
- Anderson First Coalition v. City of Anderson (2005) 130 Cal.App.4th 1173 [Brett S. Jolley]
- Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184 [Brett S. Jolley]
- In re Marriage of Gray, (2002) 103 Cal. App. 4th 974 [John H. McKinley]
- City of Stockton v. Albert Brocchini Farms, Inc.(2001) 92 Cal. App. 4th 193 [John H. McKinley]
- Wendland v. Superior Court (1998) 49 Cal.App.4th 44 [John H. McKinley]
- Butcher v. Gay (1994) 29 Cal. App. 4th 388 [Scott L. Harper]
- Reported decisions subsequently de-published by virtue of Supreme Court's grant of review:
- F.P. v. Monier (2014) 222 Cal.App.4th 1087 (rev. granted 2014) [Aaron S. McKinney]
- Tuolumne Jobs & Small Business Alliance v. Superior Court (2012) 210 Cal.App.4th 1006 - (rev. granted 2013) [Brett S. Jolley]
To discuss your writ or appellate issues with one of our appellate lawyers, please contact our office or call us at (209) 477-8171 to schedule an appointment.