Sample winning briefs
As pointed out elsewhere on this Web site, written briefs are by far the most important part of an appeal. Below are links to two fairly recent winning briefs that John Derrick has filed. (The briefs will download in PDF format; Acrobat Reader or equivalent required.)
(Appellate briefs are public record documents. No confidences are violated by their publication.)
Sample 1 — Wiese v. Owen, et al. (2010 decision)
Court of Appeal reversed $1.35 million contract/tort judgment: Trial court abused its discretion in refusing to reopen defendant’s case to consider new evidence of plaintiff perjury. Plaintiffʼs tort claims barred by statute of limitations; her theories of contract damages contrary to law and not supported by substantial evidence.
Sample 2: Larkin v. City of LA (2010 decision)
Court of Appeal sided with disabled police officer in suit against LAPD: Trial courtʼs judgment denying plaintiff’s Fair Employment & Housing Claims legally erroneous and not supported by substantial evidence.
(Appellate briefs are public record documents. No confidences are violated by their publication.)
Sample 1 — Wiese v. Owen, et al. (2010 decision)
Court of Appeal reversed $1.35 million contract/tort judgment: Trial court abused its discretion in refusing to reopen defendant’s case to consider new evidence of plaintiff perjury. Plaintiffʼs tort claims barred by statute of limitations; her theories of contract damages contrary to law and not supported by substantial evidence.
Sample 2: Larkin v. City of LA (2010 decision)
Court of Appeal sided with disabled police officer in suit against LAPD: Trial courtʼs judgment denying plaintiff’s Fair Employment & Housing Claims legally erroneous and not supported by substantial evidence.
