Charles Kagay

June 12, 2020 | The Recorder

The summary judgment procedure has nooks and crannies as to which the appellate courts are highly deferential, and these can be fatal if not scaled carefully in the trial court.

By Charles Kagay

6 minute read

March 10, 2020 | The Recorder

For every claim or defense there is usually some type of legal rejoinder. But it's important to keep an eye on the rules of appellate procedure if you want to keep the momentum going in your favor.

By Charles Kagay

6 minute read

October 11, 2018 | The Recorder

From the perspective of appellate counsel, the choice is always clear: If you want your appeal decided on the merits, you had better be sure to have a real live reporter present to preserve your words of wisdom.

By Charles Kagay

6 minute read

July 10, 2018 | The Recorder

At the simplest level, "Espy" appears to be at best an incomplete guide to the question of whether presidential testimony can be compelled, since the decision addressed only a document subpoena.

By Charles Kagay

9 minute read

June 13, 2018 | The Recorder

It is hard to say what this Airs Aromatics v. CBL Data Recovery Technologies decision teaches about determining when the Legislature means what it says or says what it means.

By Charles Kagay

6 minute read

March 07, 2018 | The Recorder

Irena Hauser applied to the County of Ventura for a permit allowing her to keep five tigers in her residential backyard near Malibu. After all, what could possibly go wrong? What went wrong in the Court of Appeal was that she was stalked by the presumptions favoring respondents on appeal, formidable beasts in the best of circumstances.

By Charles Kagay

6 minute read

July 05, 2017 | The Recorder

'Ryan v. Rosenfeld' illustrates that a good place to look for judicial mistakes is in California's labyrinth of post-trial motions, which can be a source of vexation for trial practitioners.

By Charles Kagay

5 minute read