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Appellate Cases - Procedural issuesIn many appeals, the key issue involves whether the trial court followed the correct procedures, as opposed to whether the trial court applied the correct substantive law. Mr. Adelstein has handled several appeals involving these issues. Burtscher v. MooreThis is a federal copyright case involving music rights and publishing. The defendant and cross-complainant simply disappeared and stopped cooperating with his attorney. His attorney eventually withdrew, and after numerous notices, the District Court stuck his answer, entered a default against him, and struck his counterclaims. The defendant then reappeared, unsuccessfully moved to set aside the default and reinstate his counterclaims, and then appealed. Mr. Adelstein represented the successful plaintiff on appeal. The Ninth Circuit gave Mr. Adelstein and his client a partial victory. It held that the District Court acted properly in striking the counterclaims, but abused its discertion in entering a default judgment. That is, it concluded that despite the defendant's conduct, he still had the right to at least defend himself against the underlying claims. Case Data
Court of Appeal's Opinion Johnston v. Superior CourtIn a post-judgment proceeding, the trial court had ordered a judgment debtor to produce his tax returns. In the leading case on this issue, Schnabel v. Superior Court (1993) 5 Cal.4th 573, the California Supreme Court concluded that tax returns are generally privileged, subject to three exceptions including a broad public policy exception. Mr. Adelstein filed a writ petition challenging this order and arguing that none of the three exceptions applied. Mr. Adelstein filed a writ petition challenging this order and arguing that none of the three exceptions applied. The Court of Appeal issued an alternative writ ordering the trial court (and the plaintiff as real party in interest) to vacate its order or show cause why a peremptory writ should not issue. After this partial victory, the parties were able to settle the case. Case Data Court: California Court of Appeal, Second Appellate
District, Division Eight Dallal v. Superior CourtThis case is similar to Johnston v. Superior Court, discussed above. In a post-judgment proceeding, the trial court had ordered the wife of a judgment debtor to produce their joint tax returns. In the leading case on this issue, Schnabel v. Superior Court (1993) 5 Cal.4th 573, the California Supreme Court concluded that tax returns are generally privileged, subject to three exceptions including a broad public policy exception. Mr. Adelstein filed a writ petition challenging this order and arguing that none of the three exceptions applied. The Court of Appeal issued an alternative writ, and in response the trial court vacated its order. Case Data Court: California Court of Appeal, Second Appellate
District, Division Eight Conway v. BeatonA defendant noticed the deposition of the plaintiff. The plaintiff was unable to attend, and his attorney requested alternative dates. The defendant's trial lawyer refused and went forward with the deposition. After the plaintiff did not show up, the defendant then moved ex parte for terminating sanctions. The defendant then moved to vacate the order under CCP section 473, and that was denied. Mr. Adelstein filed an appeal, and the Court of Appeal reversed. This was one of those cases where the trial court clearly misapplied well-established law. Court of Appeal's Opinion.
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