Procedural Trial Court Issues
Federal and state trial courts have numerous rules of procedure and evidence. Sometimes, a violation of these rules can result in a reversal. But often times, appellants try to obtain a reversal after minor violations of these rules, and the appellate courts usually affirm in such situations. Bruce has handled appeals in both categories.
Johnston et al. v. Superior Court (B231979) (2011)
California Court of Appeal
Second Appellate District, Division Eight
Bruce represented petitioners in a writ proceeding challenging a discovery order that compelled production of their tax returns in a commercial dispute with a bank. Bruce filed a petition for writ of mandate arguing the tax returns were privileged. The Court of Appeal agreed and issued an alternative writ of mandate directing the trial court to vacate the portion of its order requiring production of tax returns or to show cause why a peremptory writ should not issue.
OpinionDallal v. Superior Court (B227178) (2010)
California Court of Appeal
Second Appellate District, Division Eight
Bruce represented a wife in a successful writ proceeding. A plaintiff had a judgment against the husband alone and requested the wife to produce her joint tax return that she had filed with her husband. Bruce filed a petition for writ of mandate arguing the tax returns were privileged and none of the narrow exceptions applied. The Court of Appeal issued an alternative writ directing the trial court to vacate its order and reconsider the issue under the correct legal standard.
OpinionConway v. Beaton (B159841) (2003)
California Court of Appeal
Second Appellate District, Division Three
Bruce represented the plaintiffs in an appeal from the denial of their motion to vacate a dismissal entered after terminating sanctions were imposed for alleged discovery abuse. The Court of Appeal reversed, holding that the sanctions were improperly granted on an ex parte application without a prior order compelling deposition attendance, and reversed monetary sanctions against Bruce’s clients.
Opinion