Appellate Practice
The American court system adheres to the rule of stare decisis, i.e., that
lower level courts are bound by the rulings and policies established by higher
level courts. Consequently, practice before the appellate courts in the federal
and state court systems presents a prime opportunity to affect the interpretation
of statutes and judicial policy. Recourse to the appellate courts is also necessary
when a party believes error occurred at the trial court level. Effective representation
at the appellate level is an important skill for a full service law firm. Several
of our senior attorneys have worked for, or interned with, the California Court
of Appeal and the California Supreme Court.
We have had extensive experience in the practice of law at the appellate court
level, in both the state and federal systems. Our attorneys have filed briefs
in cases of interest to the real estate finance industry, to insurance policyholders,
lenders, mortgage brokers and foreclosure trustees, and to real estate appraisers.
AHK has also argued cases of significance in the insurance coverage area, particularly
involving coverage for employers involved in litigation with employees. In
addition, AHK has filed many amicus curiae briefs in appellate courts at all
levels.
Our firm’s appellate experience includes cases argued before the United
States Supreme Court, the California Supreme Court, the Federal Ninth Circuit
Court of Appeal, the California Courts of Appeal, and the Ninth Circuit Bankruptcy
Appellate Panel.
A sampling of published opinions in which AHK has been involved include: BFP
v. Resolution Trust Corporation, 511 U.S. 531 (1994) (which dealt with the
propriety of notice under the California nonjudicial foreclosure system); I.
E. Associates v. Safeco Ins. Co. (1985) 39 Cal.3d 281, 216 Cal.Rptr. 438
(which dealt with the extent and scope of trustee's duties in connection with
a nonjudicial foreclosure); Trustor’s Security v. Title Recon Tracking (1996)
49 Cal.App. 4th 592, 56 Cal.Rptr.2d 793 (as amicus curiae, in a case which dealt
with the interpretation of Civil Code Section 2941 and the legislative preference
for reconveyances of deeds of trusts by trustees); Prudential Home Mortgage
Company, Inc. v. Superior Court (1998) 66 Cal.App.4th 566 (as amicus curiae,
in a case establishing a one-year statute of limitations for actions under Civil
Code Section 2941(d) involving claims of delayed reconveyances of deeds of trust); Gonzalez
v. Toews (2003) Cal. App. 4th 977 (involving Sheriff’s sale to bona
fide purchasers); Anderson v. Heart Federal Savings (1989) 208 Cal.App.3d
202, 256 Cal.Rptr. 180 (involving proper notice for nonjudicial foreclosure);
and as amicus curiae in the case of In re Lindsay (9th Cir. (Cal.) 1995)
59 F.3d 942 (which dealt with the validity of regularly conducted nonjudicial
foreclosures). Other appellate cases of note in which AHK has been involved include: Abdallah
v. United Savings Bank (1996) 43 Cal.App.4th 1101, 51 Cal.Rptr.2d 286; In
re Apte: Japra v. Apte, 96 F.3d 1319 (9th Cir, 1996) (fraud issues); Wong
v. State Compensation Insurance Fund (1993) 16 Cal.Rptr.2d 201, 12 Cal.App.4th
686 (insurance coverage issues); Lesser v. State Farm Ins. Co., 1996
WL 339854 (C.D.Cal. 1996) (insurance coverage issues); Primiani v. Federal
Insurance Co., 2006 U.S. Lexis 2 7403 (9th Cir. 2006) (not officially published;
decision regarding Director’s and Officer’s insurers duty to defend); U.S.A.
Nutrasource, Inc. v. CAN Insurance Co., 140 F. Supp. 2d 1049, (N.D. Cal.,
2001) (duty to defend insurance coverage issue); Dart Industries v. Commercial
Union Insurance Co. (2002) 28 Cal. 4th 1059 (represented amicus curiae CTA
on insurance coverage case); Vandenberg v. Supreme Court (Centennial Insurance
Co.) (1999) 21 Cal. 4th 815 (represented amicus curiae on insurance coverage
case).