Appeals

AppeALS

Strong Advocacy In Appellate Courts

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COMPELLING ARGUMENTS WITH SOUND STRATEGY

Our attorneys have secured victories in appeals across various practice areas, solidifying our standing as skilled advocates in both trial and appellate courts. 


In addition to our trial court successes, our attorneys are often hired after a judgment or appealable order to handle the appeal.

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Our Victories On Appeal

Peralta v. Sanchez (2020, Sixth District Court of Appeal, Case No. H048814)

Claire Melehani presented the case before the Sixth District Court of Appeal, successfully defending against an appeal of a probate order that granted her client a lifetime widow’s homestead exemption following her husband's death. This order ensured the client could live in her home without interference from her stepchildren. Read the opinion here.

San Jose Nihonmachi, LLC v. Miraido Corp., et al. (2023, Second District Court of Appeal, Case No. B323093)

Steven McLellan argued this case with a colleague, and won reversal of an attorneys’ fee award of close to $700,000 against his former client. The client, a limited partner in a real estate development project, sued the general partners over their partnership agreements. Although the client voluntarily dismissed the case, the trial court awarded attorneys’ fees to the general partners. Steven persuaded the Court of Appeal that this award of fees by the trial court was incorrect. Read the opinion here.

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  • What is an appeal?

    An appeal is a legal process where a higher court reviews a lower court's decision. It is pursued when one party believes there was an error in the trial's procedure or the judge's interpretation of the law. Successful appeals can result in reversing or modifying the lower court's decision.

  • How long do I have to file an appeal?

    In California, the timeframe to file an appeal varies depending on the type of case. Generally, for civil cases, you have 60 days from the date of the judgment or order to file a notice of appeal. For criminal cases, the deadline is typically 30 days. Missing these deadlines can result in losing the right to appeal. Always consult the specific rules or seek legal advice to ensure compliance with the correct filing period.



  • How long does an appeal typically take?

    The duration of an appeal process can vary, but in California, it typically takes between 12 to 18 months. This timeframe includes filing briefs, oral arguments, and waiting for the court's decision. Complex cases or those with extensive records may take longer. It's important to note that each step of the appeal process has specific deadlines that must be met. The overall length can also be influenced by the caseload of the appellate court.


  • Does the other side pay my attorneys’ fees or costs if I win the appeal?

    In California, if a litigant wins an appeal, they may be entitled to recover attorneys' fees and costs. The prevailing party can file a motion to claim these expenses from the losing party.

Client Testimonials

Hear from Those We've Represented

I recommend Attorney Claire Melehani, whose efforts were immediate, determined, analytical, well considered, and constant. Throughout her personal and team efforts, Claire worked hard to build a strong, strategic, and effective case to ensure a positive resolution to an unfolding disruptive and stressful situation. Much appreciation and gratitude.

- Anonymous

We worked with Claire and Steven on a living trust issue that we had, and were very impressed with their professionalism and patience in handling everything. Claire was highly recommended from another firm we had reached out to, and we certainly understand why. The situation we were dealing with was complicated, but both Claire and Steven were quick to get all the facts and wonderful in helping us get a clear game plan figured out. It is reassuring to know that we can always reach out to them for additional help if needed.

- Wendy

Steven’s legal expertise and sophistication were tremendous in resolving key issues in my case. Most important of all, Steven’s ability to bring my case to settlement with eloquent presentation while keeping my focus on the bigger picture was most impressive to me. If ever needed, I would hire Steven for his services in a heartbeat.

- Benjamin

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