You have just received one of those dreaded orders: the trial court has dismissed the main part of your case. Other causes of action remain, but they primarily concern some factually unrelated claims, would not support a large damages award, and by themselves, do not warrant the expense of a trial. Further, you firmly believe that the trial court misapplied the law and that appellate review will put your case back on track. So, what do you do?
One option, of course, is to file a writ petition challenging the order. It is common knowledge, however, that the California court of appeal has broad discretion in this arena and grants only a very small percentage of writ petitions, even when the petitioner demonstrates probable legal error. Also, your case really does not exhibit any of the factors that would make writ review more likely.
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