Horvitz & Levy appears more often in the California appellate courts than any other firm. In the California Supreme Court, we have appeared as counsel of record or as counsel for amicus curiae in over 170 cases over the last 30 years. We have appeared even more frequently in recent years, with over 70 appearances in the last decade. In the California Court of Appeal, we have appeared as counsel of record in more than 1,200 cases since 1990.
As a result of our extensive experience, we have an unparalleled knowledge of the justices, procedures, and culture of the California appellate courts. Members of our firm literally wrote the book on California appellate practice. Founding partner Ellis J. Horvitz was one of the original co-authors of the leading treatise on civil appeals and writs in California, the Rutter Group's California Practice Guide: Civil Appeals and Writs. Curt Cutting and Bradley S. Pauley are co-authors of the California chapter of the Appellate Practice Compendium, published by the American Bar Association.
Our experience has translated into results. For example, since 1990 we have prevailed in 62% of cases in which we have represented appellants, compared to an average success rate of 20-25% for California civil appeals.
We have been ranked as the #1 appellate practice in California by The Best Lawyers In America, and listed in the highest tier of California appellate firms by Chambers and Partners U.S.A., which has lauded the "strong performance and fresh perspective" of our attorneys and our "insight into the workings of the Supreme Court of California."
Horvitz & Levy also conducts and participates in appellate moot courts for attorneys and clients dealing with high-stakes and complex matters. Participation in our moot court sessions, followed by in-depth discussions and comprehensive evaluations of issues and strategies by our experts, delivers invaluable insights. Our moot courts can uncover potential challenges, help prepare for the unexpected, and give clients a winning edge.
Drawing on our extensive experience in the California Supreme Court, we provide news and commentary on the practice of law before that court through our blog, At the Lectern. Contact H. Thomas Watson and Emily V. Cuatto for more information about our California Supreme Court & Court of Appeal practice.
Handlers-Bryman v. El Pollo Loco
Horvitz & Levy secures stipulated reversal of multimillion dollar judgment and injunction restricting El Pollo Loco’s franchise operationsRead More
Sunnie H. Han, et al. v. Richard Hallberg, Jr.
The Supreme Court grants motion to dismiss review, reinstating a favorable Court of Appeal’s opinion that prevented a forced partnership buyout and established that living trusts may serve as partners under California lawRead More
Little Cottage Caregivers v. Meiri
California Court of Appeal reinstates ownership interest in a medical marijuana collectiveRead More
Shia v. Shia
California Court of Appeal reverses spousal support award because trial court failed to consider domestic violence evidenceRead More
Newman v. Larios
California Court of Appeal affirms judgment based on insurer’s acceptance of plaintiff’s tactical settlement offerRead More
Curry v. Academy Pointe, Inc.
California Court of Appeal reduces $4.5 million punitive damages award to $750,000 in reasonable accommodation case against apartment owner and managerRead More
Alaniz v. Sun Pacific Shippers, L.P.
California Court of Appeal reverses judgment against landowner due to error in jury instructionsRead More
Montoya v. Ford
Court of Appeal reverses judgment for plaintiff in lemon law case, rejecting statute of limitations tolling based on plaintiff’s membership in successively filed class actionsRead More
Scholes v. Lambirth Trucking Co.
Representing amicus curiae, Horvitz & Levy successfully argues in California Supreme Court that statute authorizing heightened damages for injury to trees does not apply to trees damaged by negligently spread firesRead More
Alexander v. Community Hospital of Long Beach
Court of Appeal reverses a discrimination and hostile work environment judgment against Horvitz & Levy’s clientRead More
Blas v. U.S. Sports Camps
Court of Appeal affirms summary judgment for American Golf Corporation in personal injury caseRead More
Lahijani v. Hakakian
Horvitz & Levy successfully defends judgment for defendant homeowner in personal injury actionRead More
Herod v. Parfums De Coeur Ltd. Corp.
Court of Appeal affirms summary judgment for defendant in personal injury/products liability caseRead More
Duket v. Fremont Rideout Health Group
Court of Appeal affirms judgment for defendant in wrongful death/Elder Abuse Act caseRead More
Samora v. Muhammad
Court of Appeal affirms favorable judgment for defendants in personal injury caseRead More
Acoba v. Olivera Egg Ranch, LLC
Horvitz & Levy persuades Court of Appeal to affirm judgment following jury verdict for egg ranch in nuisance caseRead More
Doe v. Department of Children and Family Services
Horvitz & Levy persuades Court of Appeal to affirm nonsuit for foster family agency in negligence caseRead More
Bennett v. Rancho California Water District
Horvitz & Levy persuades Court of Appeal to reverse a jury verdict awarding plaintiff over $800,000 against a public entity for alleged whistleblower retaliationRead More
Taulbee v. EJ Distribution Corp.
Horvitz & Levy obtains affirmance of jury verdict finding trucking company not liable for catastrophic freeway accidentRead More
Napolitano Holdings v. Touchstone Climbing
Horvitz & Levy secures reversal of summary judgment in a commercial landlord’s breach of lease actionRead More
Eisen v. Tavangarian
California Court of Appeal disagrees with prior decision from the same division, reversing judgment requiring partial demolition of remodeled homeRead More
Quidel Corp. v. Superior Court
California Court of Appeal reverses trial court that had applied a rule of per se invalidity to exclusivity provisions in contracts between businessesRead More
Barton v. The Argen Corporation
California Court of Appeal affirms judgment of dismissal in products liability action against supplier of dental alloysRead More
Hernandez v. First Student, Inc.
California Court of Appeal affirmed judgment allocating eighty percent of fault to the plaintiff who darted into the street on his bicycleRead More
Zapata v. The Superior Court
California Court of Appeal issues order in response to writ petition, causing trial court to vacate order denying defendant's motion to quash service of the complaint.Read More
Han v. Hallberg
California Court of Appeal holds that living trusts may serve as partners under California law.Read More
Zubin v. Toyota Motor Sales
Court of Appeal affirms favorable judgment for Toyota in Lemon Law case.Read More
Stennett v. Miller
California Court of Appeal upholds wrongful death statute against equal protection challenge.Read More
Steele v. Bell-Carter Foods
California Court of Appeal affirms summary judgment in products liability and warranty action against olive producer.Read More
Stokes v. Muschinske
Court of Appeal affirms favorable judgment and holds that defense billing experts can use Medicare reimbursement rates to form their opinions on the reasonable value of medical services.Read More
Johnson v. The Raytheon Co.
California Court of Appeal issues published opinion affirming summary judgment in premises liability action.Read More
Villa Riviera Condominium Association v. Spectra Company et al.
California Court of Appeal affirms judgment for subcontractor in construction defect action.Read More
Licudine v. Cedars-Sinai Medical Center
California Court of Appeal affirms trial court ruling that a plaintiff's Code of Civil Procedure section 998 offer was served too early to be in good faith.Read More
Lovewell v. Stanford Federal Credit Union & Joan Opp
Court of Appeal affirms summary judgment for credit union & CEO against wrongful termination claims.Read More
Hagan v. Torrance Memorial Medical Center
Horvitz & levy successfully defends judgment for hospital in medical malpractice action.Read More
Hart v. Special Electric
Horvitz & Levy prevails on statute of repose issue in asbestos lawsuit.Read More
Kaur v. Broadbase
Horvitz & Levy obtains dismissal of appeal in wrongful death suit.Read More
Huerta v. Kava Holdings, Inc.
California Court of Appeal affirms judgment for hotel in FEHA case.Read More
Jabo v. YMCA of San Diego County
Court of Appeal upholds finding that YMCA owed no duty to use automated external defibrillator.Read More
Hake v. Allied Fluid Products Corp.
Court of Appeal affirms nonsuit on ground that plaintiff's "every exposure" theory was insufficient to prove causation under Kansas law.Read More
Rudolph v. Rudolph and Sletten, Inc
Court of Appeal rejects plaintiffs' attempt to circumvent workers' compensation exclusive-remedy rule in take-home asbestos caseRead More
Davila v. Derby
California Court of Appeal reverses $4.2 million personal injury verdict because of inflammatory comments during trial.Read More
Victaulic v. American Home Assurance Company
Court of Appeal reverses $52 million Brandt fee and punitive damages award in insurance bad faith case.Read More
Simers v. Los Angeles Times Communications, LLC
Court of Appeal rejects constructive discharge claim.Read More
Rainwater v. Sergio's El Ranchito, Inc.
Court of Appeal upholds summary judgment.Read More
Sheron Doll v. Mahin Ghaffari
California Court of Appeal affirms order denying attorney fees in landlord-tenant dispute.Read More
Lockheed Litigation Cases
California Court of Appeal rules again for the defense in long-running toxic tort litigation.Read More
Dhillon v. John Muir Health
California Supreme Court resolves important administrative law issue, reversing dismissal of hospital’s appeal in staff privileges case.Read More
Ortiz v. WMC-A, Inc.
California Court of Appeal affirms judgment in favor of hospital in spinal-injury case.Read More
Cuevas v. Contra Costa County
California Court of Appeal requires retrial of future medical expense claim to permit evidence of Medicaid and Affordable Care Act benefits.Read More
Martinez v. Asplundh Tree Expert Co.
California Court of Appeal affirms judgment in favor of power line clearing contractor in negligence action.Read More
Hawkins v. St. John Missionary Baptist Church of Bakersfield
California Court of Appeal reverses judgment that ousted pastor from church.Read More
Saller v. Crown Cork & Seal
California Court of Appeal reverses $3.6 million in punitive damages in products liability case.Read More
Acqua Vista v. MWI, Inc.
California Court of Appeal reverses $24 million judgment against pipe supplier in construction defect case.Read More
Sarkisyan v. Newport Insurance Company
Court of Appeal affirms denial of class certification in favor of insurance company based on plaintiff’s failure to prove existence of ascertainable class and sufficient community of interest.Read More
Horiike v. Coldwell Banker Residential Brokerage Company
California Supreme Court holds that buyer in real estate transaction is owed a fiduciary duty by salesperson who represents the seller.Read More
Wang v. Nibbelink
Court of Appeal affirms summary judgment in favor of property owners on the basis of recreational immunity.Read More
Markow v. Rosner
California Court of Appeal reverses judgment against hospital.Read More
Licudine v. Cedars-Sinai Medical Center
California Court of appeal publishes helpful opinion on “lost earning capacity” damages.Read More
Santos M. v. Superior Court of Los Angeles County
California Court of Appeal rules for H&L pro bono clients in family law dispute over eligibility for immigration relief.Read More
Ludwig v. Hacienda Paraiso
California Court of Appeal reverses $10 million judgment against H&L client.Read More
Trinity River Lumber Company et al. v. Weaverville Community Services District
California Court of Appeal finds public water district immune from liability for failure of water system to furnish sufficient water to extinguish a fire.Read More
Olympic and Georgia Partners v. Arch Specialty Insurance Co.
California Court of Appeal rules for H&L clients in insurance coverage dispute over major repairs to Ritz-Carlton residences.Read More
Fireman's Fund Insurance Co. v. Heller
California Court of Appeal affirms summary judgment for insurer in rescission action.Read More
Sheehe v. Kihagi
California Court of Appeal rules for H&L pro bono client in rent control dispute.Read More
Bertsch v. Mammoth Community Water District
California Court of Appeal issues published opinion affirming summary judgment for community association and water district in skateboard injury case.Read More
McClatchy v. Coblentz, Patch, Duffy & Bass, LLP
Court of Appeal affirms ruling in favor of San Francisco law firm in probate dispute.Read More
Gopal v. Kaiser Foundation Health Plan
California Court of Appeal rejects enterprise liability theory and affirms summary judgment in favor of health insurer in wrongful death case.Read More
Angel v. Winograd
California Court of Appeal reverses denial of anti-SLAPP motion in defamation case.Read More
Haynes v. Kim
California Court of Appeal affirms defense verdict for corporation in auto accident case, rejecting agency theory.Read More
Lozano v. AWI Management Corporation
California Court of Appeal affirms summary judgment that found apartment manager not liable for shooting rampage.Read More
Central Metal v. Center Bank
California Court of Appeal affirms grant of anti-SLAPP motion in action arising from commercial lender’s receivership action.Read More
Carter v. Heitzler
California Court of Appeal affirms summary judgment in negligence suit arising from horseback riding injury.Read More
Murat v. Exxon Mobil Corp.
California Court of Appeal affirms summary judgment in asbestos exposure case.Read More
Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C.
California Supreme Court permits insurers to seek reimbursement directly from Cumis counsel for objectively unreasonable billings.Read More
Lockheed Litigation Cases (Group 9)
California Court of Appeal affirms summary judgment in long-running toxic tort case.Read More
Ironridge Global IV, Ltd. v. ScripsAmerica, Inc.
California Court of Appeal dismisses opposing party’s appeal under the disentitlement doctrine.Read More
Roman v. BRE Properties
California Court of Appeal affirms summary judgment for apartment owner accused of discrimination.Read More
Ralphs Grocery Company v. Midtown Shopping Center Associates
California Court of Appeal reverses judgment against Ralphs Grocery Company in landlord-tenant dispute.Read More
Donaho v. County of Yuba
California Court of Appeal rules that public entity is not liable for placement of bus stop near freeway.Read More
Albert v. Mid-Century Insurance Co.
California Court of Appeal holds that trespass to trees is not covered by a general liability policy.Read More
Cohen v. Sterling
Court of Appeal upholds order granting new trial following $17 million verdict arising out of apartment building fire.Read More
In re Marriage of McCourt
California Court of Appeal rules in favor of former Dodgers owner Frank McCourt in marital dispute.Read More
Burdick v. Superior Court (Sanderson)
California Court of Appeal holds that out-of-state resident’s Facebook post about California resident does not necessarily create personal jurisdiction in California.Read More
Judicial Council Coordinated Proceedings 4435 TCP Cases (City of Redlands v. Shell Oil Co.)
California Court of Appeal affirms defense verdict for Shell Oil Company in case alleging groundwater contamination.Read More
Collin v. CalPortland Company
California Court of Appeal affirms summary judgment in asbestos injury action against joint compound manufacturer.Read More
Cottini v. Enloe Medical Center
California Court of Appeal affirms judgment in favor of medical center.Read More
Safeway Inc. v. Superior Court (Hardin)
California Court of Appeal grants petition for writ of mandate in failure-to-warn suit against pharmacy.Read More
RunflatAmerica, LLC v. Michelin North America, Inc. et al.
California Court of Appeal rules for defendants in a shareholder derivative action brought by the former CEO of a company, who alleged his company should have sued the defendants for perceived business torts.Read More
Eisenhower Medical Center v. Superior Court
California Court of Appeal dismisses $500 million medical privacy claim against hospital.Read More
Sqrow v. A.G.M.G.H. Five, the Ranch Limited Partnership
California Court of Appeal permits low-income seniors to proceed with challenge to 144-percent rent increase.Read More
Mobasser v. Yermian
California Court of Appeal vacates jury’s award of emotional distress damages and punitive damages in family business dispute.Read More
Monroe v. Yurosek Farms LLC
California Court of Appeal holds that recreational use immunity applies to licensees as well as landowners.Read More
R.R. v. H.F.
California Court of Appeal orders trial court to enforce mother's rights to legal custody and reconsider her request for greater visitation with her now six-year-old child.Read More
Haggis v. Yari
California Court of Appeal reverses $12 million judgment in dispute over film profits, finding no substantial evidence to support trial court’s alter ego finding.Read More
Guo v. American Plus Bank N.A.
California Court of Appeal reverses fraud judgment against community bank.Read More
Kmart Corporation v. Hartford Fire Insurance
California Court of Appeal affirms judgment for insurer on duty-to-defend issue and reinstates insurer’s claim for reimbursement.Read More
Jay v. Mahaffey
California Court of Appeal affirms denial of anti-SLAPP motion in malicious prosecution case.Read More
Malin v. Singer
California Court of Appeal reverses trial court and orders dismissal of extortion claim against attorney.Read More
Mercado v. Doctors Medical Center of Modesto, Inc.
California Court of Appeal reverses order denying employer’s motion to compel arbitration.Read More
Cann v. Stefanec
Court of Appeal holds that primary assumption of risk doctrine bars suit by college swimmer injured in weight room accident.Read More
El-Attar v. Hollywood Presbyterian Medical Center
California Supreme Court unanimously reverses Court of Appeal regarding hospital procedures for reviewing adverse action on doctor’s application for staff privileges.Read More
S. R. v. Superior Court
Superior court grants domestic violence victim’s request for a waiver of court fees after Court of Appeal issues alternative writ of mandate.Read More
Lawrence v. J.R. Enterprises, L.P.
California Court of Appeal upholds validity of 99 year lease for commercial property.Read More
Tamas v. T.L. Pavlich Construction, Inc.
California Court of Appeal holds that jurors did not commit misconduct by using toy cars during deliberations to visualize auto accident.Read More
Corenbaum v. Lampkin
California Court of Appeal holds that evidence of “billed” but unpaid medical expenses is not admissible to prove future medical damages or noneconomic damages.Read More
Moran v. South Coast Medical Center
California Court of Appeal affirms hospital’s denial of medical staff privileges.Read More
Singh Educational Services v. Blueprint Test Preparation LLC
Court of Appeal rejects competitor’s attempt to shut down test preparation company in alleged theft of trade secrets action.Read More
Jankey v. Lee
California Supreme Court holds that prevailing defendant in disability access action is entitled to mandatory award of attorney fees.Read More
Don Johnson Productions, Inc. v. Rysher Entertainment
California Court of Appeal reduces judgment in favor of actor Don Johnson from $53.2 million to $15 million in dispute arising out of a production contract’s copyright provision.Read More
Bison Builders Inc. v. ThyssenKrupp Elevator Corporation
California Court of Appeal holds that elevator company is not required to indemnify general contractor for construction accident.Read More
Howard Entertainment, Inc. v. Kudrow
California Court of Appeal reverses summary judgment in favor of actress in contract dispute over withheld agent commissions.Read More
American States Ins. Co. v. Ramirez
California Court of Appeal reverses $6 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.Read More
Finley v. Club One, Inc.
Court of Appeal holds health club member’s personal injury lawsuit is barred by liability waiver in membership agreement.Read More
Garcia v. ConMed Corporation
California Court of Appeal affirms judgment in favor of medical device manufacturer in products liability action.Read More
Wang v. Heck
California Court of Appeal holds doctor not liable for recommending that the DMV reinstate the license of an epileptic patient.Read More
O'Neil v. Crane Co.
California Supreme Court holds that product manufacturers cannot be liable for injuries caused by replacement parts.Read More
Gonzalez v. Southern California Gas Company
California Court of Appeal reverses judgment in wrongful death/premises liability case based on absence of legal duty.Read More
Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC
California Supreme Court unanimously reverses Court of Appeal opinion in eminent domain dispute.Read More
Burlington Coat Factory v. Bella Terra Associates
California Court of Appeal upholds landlord’s interpretation of novel lease provision.Read More
Barrese v. Murray
California Court of Appeal reverses jury verdict and remands for reconsideration of motion for new trial.Read More
Behnke v. State Farm General Insurance Co.
California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.Read More
Attitudes Hair & Nail Salon v. Superior Court
California Court of Appeal issues peremptory writ reversing denial of summary judgment in case involving Unruh Act and Disabled Persons Act.Read More
Ibarra v. Carpinello
California Court of Appeal affirms dismissal of defamation lawsuit in high-profile MMA dispute.Read More
In re Pineda
Horvitz & Levy petition to California Supreme Court results in reconsideration of ruling against abused minor.Read More
Bruns v. E-Commerce Exchange, Inc. et al.
California Supreme Court reverses Court of Appeal opinion that permitted plaintiff to proceed with putative class action more than five years after filing complaint.Read More
State Farm v. Lee
California Court of Appeal affirms order granting motion to strike cross-complaint for abuse of process.Read More
Li v. Simpson Thacher & Bartlett LLP
California Court of Appeal affirms order denying motion to strike malicious prosecution action against Simpson Thacher & Bartlett.Read More
Huitt v. Southern California Gas Company
California Court of Appeal reverses $12.6 million judgment, including $10 million in punitive damages, and directs entry of judgment for defendant in failure-to-warn case.Read More
Molina v. Shell Oil Co.
California Court of Appeal affirms defense verdict in product defect action against chemical manufacturers, rejecting plaintiffs' attempt to use jury instructions developed for asbestos litigation.Read More
Raymond v. Flynt
California Court of Appeal reverses arbitration award against employer in sexual harassment case.Read More
Tverberg v. Filner Construction, Inc.
California Supreme Court limits scope of hirer liability to self-employed contractors.Read More
Collins v. Plant Insulation Company
California Court of Appeal reverses $1.9 million judgment in asbestos action and orders new trial on allocation of fault.Read More
Boeken v. Philip Morris USA, Inc.
California Supreme Court rules that a plaintiff who previously sued for loss of consortium based on a spouse’s personal injuries cannot, consistent with the res judicata doctrine, again pursue post-death consortium damages in a second lawsuit for wrongful death.Read More
Walton et al. v. The William Powell Co.
California Court of Appeal reverses $5 million judgment in asbestos case, holding that valve maker is not liable as a matter of law for asbestos that was used in conjunction with its product.Read More
Kirk v. First American Title Insurance Company
California Court of Appeal issues opinion approving the use of ethical screens to avoid vicarious law firm disqualification.Read More
Logix v. Faherty
California Court of Appeal reverses $40 million judgment in dispute over satellite television royalties.Read More
Fire Insurance Exchange v. Superior Court
California Court of Appeal issues writ of mandate, directing trial court to grant summary judgment in favor of insurer in coverage dispute.Read More
Mnatsakanyan v. CalFarm Insurance Company
Court of Appeal reverses $4.6 million judgment on arbitration award.Read More
Baker v. National Interstate Insurance Company
California Court of Appeal reverses $12 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.Read More
PrediWave Corporation v. Simpson Thacher & Bartlett et al.
California Court of Appeal reverses trial court order that dismissed $2 billion attorney malpractice suit under anti-SLAPP statute.Read More
Griffin Dewatering Corp. v. Northern Ins. Co. of New York
California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.Read More
Pauma Band of Luiseño Mission Indians v. Harrah's Operating Company, Inc.
California Court of Appeal reverses $30 million judgment in business dispute arising from negotiations to develop and manage a hotel and casino on an Indian reservation.Read More
Silverbrand v. County of Los Angeles
California Supreme Court extends “prison delivery rule” to notices of appeal in civil cases.Read More
In Re Episcopal Church Cases
California Supreme Court rules in favor of national church in property dispute with breakaway local parish.Read More
Rudolph v. Rudolph and Sletten, Inc
California Court of Appeal opening brief, arguing that the doctrine of workers' compensation exclusivity applies to claims alleging that an employer is responsible for take-home asbestos exposures.Read More
Madrigal v. Allstate Indemnity Company
Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a "duty to settle" theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.Read More
Sheridan v. Touchstone Television Productions, LLC
Petition asking the California Supreme Court petition to grant review in Desperate Housewives employment dispute, to clarify the scope of the exhaustion of administrative remedies doctrine.Read More
Burlage v. Superior Court
Answer to petition for review in the California Supreme Court, arguing against review of a published Court of Appeal decision that affirmed an order vacating an arbitration award.Read More