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Real Estate Appeals

Media Awards

Los Angeles Real Estate Appeals Attorney

The real estate attorneys at Schorr Law offer representation in connection with appeals for real estate disputes.   Our appellate practice, like our underlying practice, focuses exclusively on real estate disputes. Why? We focus exclusively on real estate appeals because our hands on experience with real estate matters truly gives us a depth of knowledge and an understanding of policy principles that is very tough to replicate among appellate law general practitioners.  Our real estate appeals experience has allowed us to understand that the Court of Appeals often focuses on broad real estate policy concepts as opposed to case specific issues, which allows us to meld our arguments to fit the Court of Appeals’ objectives.

Moreover, our recent appellate work has placed our firm at the forefront of real estate laws in California.  In fact, we have been a part of the two most recent California decisions on irrevocable licenses as well as a recent ruling clarifying the law on the recovery of attorneys’ fees in partition matters.

When can you start/file for a real estate appeal in Los Angeles?

Generally, you can file an appeal as soon as you have a final order or judgment.  In real estate cases, this is typically a final judgment, an interlocutory partition judgment or a ruling on an injunction.    It is never too early to start thinking about your real estate related appellate rights because sometimes you need to take steps to make sure the record at the trial court level is complete to preserve your appellate rights.

Is the process for filing an appeal the same as filing a complaint?

No. The process for filing an appeal is totally different from initiating an action.  First, you have to timely file your notice of appeal. If you fail to file it on time, this becomes a jurisdiction defect and your appeal cannot proceed.  Timing is everything.   The next several steps involve designating the record, obtaining a briefing schedule, briefing and then oral argument.   The process is quite different from the trial court level.

What happens during an real estate appeal?

During an appeal a panel of three appellate judges decide, based on the application of law and the factual findings from the trial court, whether the trial court result should be changed.   Appellate proceedings are academically dense but can allow relief for mistakes the trial court made at the trial court level.   All cases have a right to appeal and trial courts are not immune from mistakes. 

California Real Estate Appeals Attorney Experience:

We have experience litigating appeals on all sorts of real estate related issues, including, but not limited to, the following areas:
  • Prescriptive and equitable easements
  • Irrevocable licenses
  • Duties to parties to real estate transactions by licensed real estate attorneys
  • Commercial leasing
  • Writ of supersedeas regarding commercial tenancy
  • Jury instructions regarding broker fraud
  • Attorneys’ fees in partition actions
  • Alleged violation of the automatic stay in a bankruptcy proceeding and ownership dispute
  • Petition for review to the California Supreme Court

We offer our real estate appeal representation to both our existing clients whose matters are subject to appeal and to new clients who have had different counsel represent them at the trial court level.  Contact us today to learn more about our appellate work and to see if are highly specific real estate appellate team is appropriate for your California real estate appeal.

CONTACT US

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