• Relief From Pre-Judgment Losses?
  • March 6, 2014 | Author: Laurie Hepler
  • Law Firm: Carroll, Burdick & McDonough LLP - San Francisco Office
  • Some pre-judgment orders are reviewable in different ways: (1) by emergency writ petition, or (2) by appeal -- either immediate (such as for an order disqualifying counsel) or from the final judgment (e.g. orders denying a party's demand for jury trial).

    Criteria for this strategic decision include the following and more:

    • An appeal is typically slower, but you have a right to be there.
    • A writ petition usually moves faster, but the Court of Appeal can decline to entertain it at all, or skip oral argument if it does.
    • The right approach may be to file both, but they must be coordinated.
    • And either approach may or may not bring a stay of ongoing trial court proceedings -- a crucial issue in many situations.

    The practical message: The potential need to litigate in the Court of Appeal can arise quickly and evoke a host of specialized considerations. If you face a pre-judgment loss (or your opponent does), make sure you understand the options before diving in.