Wrongful Termination in California: Protecting Employee Rights

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Wrongful Termination in California: Protecting Employee Rights

By: seo-leaders
August 14, 2025

Losing your job is stressful—especially when it feels unfair or unlawful. In California, while most employment is “at-will,” meaning either the employer or employee can end the working relationship at any time, that doesn’t mean employers have unlimited power. If you’ve been terminated for reasons that violate the law, you may have a wrongful termination claim.

At KP Law, we help individuals in Pasadena understand their rights and explore their legal options after experiencing unfair workplace treatment. This blog will help you understand what qualifies as wrongful termination in California, your legal protections, and what steps you can take to hold your employer accountable.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee in violation of state or federal law, an employment contract, or public policy. Despite California’s at-will employment system, several exceptions prevent employers from terminating employees for illegal or unethical reasons.

These exceptions are based on:

Discrimination laws (race, gender, disability, etc.)
Retaliation protections (for whistleblowing or asserting legal rights)
Breach of implied contracts
Violations of public policy
Constructive discharge due to intolerable conditions

Let’s explore these further.

Common Grounds for Wrongful Termination in California

1. Termination Based on Discrimination

California law—specifically the Fair Employment and Housing Act (FEHA)—prohibits employers from firing employees based on certain protected characteristics. These include:

Race or ethnicity
Gender or gender identity
Sexual orientation
Religion
National origin
Age (over 40)
Disability or medical condition
Marital status
Pregnancy or maternity leave

Firing someone due to any of these characteristics may lead to a discrimination-based wrongful termination claim.

2. Retaliation for Protected Activities

You cannot legally be fired for engaging in certain protected activities, such as:

Reporting workplace discrimination or harassment
Filing a workers’ compensation claim
Reporting safety violations to OSHA
Taking family or medical leave under FMLA/CFRA
Filing a wage claim with the Labor Commissioner
Serving on a jury or voting

Under California Labor Code §1102.5, whistleblower protections shield employees who report illegal activities internally or to government authorities. Retaliation for doing so may be grounds for legal action.

3. Breach of Contract or Implied Promises

While most employment in California is at-will, some workers are hired under written or oral contracts. If your employer promised continued employment or committed to progressive discipline policies, terminating you without cause might violate those agreements.

Even without a formal contract, implied contracts may exist based on company policies, practices, or supervisor statements. If you relied on those promises, you could have a valid wrongful termination claim.

4. Violations of Public Policy

You cannot be fired for refusing to do something illegal or for exercising a legal right. For example, it’s illegal for an employer to fire you for:

Refusing to commit fraud
Reporting illegal conduct
Taking time off for jury duty
Voting in an election
Using your legally protected rights (such as filing a complaint with a government agency)

This type of claim, known as a Tameny claim, is one of the most common wrongful termination lawsuits in California.

5. Constructive Discharge

Sometimes, employers don’t explicitly fire employees—but they create such hostile or intolerable working conditions that the employee feels forced to quit. This is called constructive discharge and may be treated as wrongful termination under California law.

Examples of constructive discharge include:

Constant harassment or bullying
Dangerous working conditions
Drastic demotion or pay cuts without cause
Discrimination or retaliation that goes unaddressed

To qualify as constructive discharge, the conditions must be so severe that a reasonable person in your position would feel they had no choice but to resign.

Understanding the Legal Process in California

If you believe you’ve been wrongfully terminated, there are steps you should take to preserve your rights and strengthen your potential claim.

Step 1: Gather Documentation

Maintain all records related to your employment, including:

Offer letters or contracts
Performance reviews
Emails or texts from supervisors
HR complaints you submitted
Pay stubs or schedules
Termination notice

This documentation is crucial in proving the employer’s intent or pretext for termination.

Step 2: File a Complaint with the Appropriate Agency

Depending on the nature of your claim, you may need to file with:

California Civil Rights Department (CRD) – for discrimination or retaliation
U.S. Equal Employment Opportunity Commission (EEOC) – for federal claims
California Labor Commissioner (DLSE) – for wage violations or retaliation

You generally have 3 years to file with the CRD for FEHA claims and 180–300 days to file with the EEOC depending on your case.

Step 3: Seek Legal Guidance

Navigating California’s employment laws is complex. Consulting an attorney experienced in wrongful termination cases—especially one familiar with Pasadena’s local courts and procedures—can help you:

Understand your rights
Determine the strength of your case
Meet deadlines and file paperwork correctly
Negotiate with your former employer
Represent you in mediation or trial if necessary

At KP Law, we can help evaluate your situation and guide you through your legal options.

What Damages Can You Recover?

If you win a wrongful termination case in California, you may be entitled to compensation for:

Lost wages and benefits
Emotional distress
Punitive damages (in egregious cases)
Attorney’s fees and court costs
Reinstatement (rare, but possible in some cases)

The amount of damages will vary depending on your unique circumstances, including the length of unemployment, your emotional harm, and whether the employer acted with malice.

When Should You Contact a Lawyer?

Time is critical. If you suspect you’ve been wrongfully terminated:

Act quickly to meet deadlines.
Don’t sign a severance or settlement agreement until reviewing it with a lawyer.
If possible, consult a Pasadena-based employment attorney before quitting in cases of constructive discharge.

An experienced attorney can help preserve your claim and protect your rights from the outset.

Conclusion

Being fired unfairly can be a traumatic experience—but you don’t have to accept it quietly. California law offers robust protections for workers, and if your employer violated those protections, you may be entitled to compensation and justice.

If you were recently let go and suspect it was for an illegal reason, don’t wait to get clarity. A skilled wrongful termination attorney can help you understand your rights and fight back if necessary.

Contact KP Law today at (866) 973-5691 for a confidential consultation. Our Pasadena-based employment attorneys are dedicated to protecting workers who’ve been treated unfairly.

Let us help you assess your case, navigate California’s legal system, and move forward with confidence.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.

Wrongful Termination in California: Protecting Employee Rights

August 14, 2025

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Pregnancy Discrimination in California: What Every Employee Should Know

July 17, 2025

Pregnancy should be a time of anticipation, not anxiety. Yet for many employees in California, announcing a pregnancy at work can trigger fear of job loss, demotion, or mistreatment. That’s where California’s legal protections come in. State and federal laws strictly prohibit pregnancy discrimination and offer strong rights to employees navigating pregnancy, childbirth, and related conditions.

If you believe you’ve been treated unfairly at work because of your pregnancy or a related condition, understanding your rights is the first step. Here’s what every California employee should know.

What Is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer treats an employee or job applicant unfairly because of pregnancy, childbirth, or a related medical condition. This could include:

Firing or demoting a pregnant employee
Refusing to hire someone because they are pregnant
Denying promotions, assignments, or training
Failing to provide reasonable accommodations
Retaliating against an employee for taking pregnancy-related leave

Both federal and California laws make these actions illegal.

Key Federal Laws Protecting Pregnant Workers

1. Pregnancy Discrimination Act (PDA)

The Pregnancy Discrimination Act is part of Title VII of the Civil Rights Act of 1964. It prohibits discrimination based on pregnancy, childbirth, or related conditions in any aspect of employment. This law applies to employers with 15 or more employees.

Learn more from the U.S. Equal Employment Opportunity Commission (EEOC).

2. Americans with Disabilities Act (ADA)

The ADA may apply if a pregnant worker has a pregnancy-related medical condition considered a disability (e.g., gestational diabetes or preeclampsia). Employers must provide reasonable accommodations unless doing so causes undue hardship.

3. Pregnant Workers Fairness Act (PWFA)

Effective June 27, 2023, the PWFA expanded protections by requiring covered employers to provide reasonable accommodations for pregnancy-related conditions. This includes more than just physical limitations—it covers recovery from childbirth, lactation needs, miscarriage, and mental health conditions like postpartum depression.

California’s Stronger State Protections

California law offers even broader protections than federal law. These protections apply to more workers and require employers to take additional steps to support pregnant employees.

1. Fair Employment and Housing Act (FEHA)

The FEHA applies to employers with 5 or more employees and prohibits discrimination based on pregnancy, childbirth, breastfeeding, and related conditions. It also requires employers to:

Provide reasonable accommodations
Engage in a timely, good-faith interactive process
Prevent harassment and retaliation

Review the California Civil Rights Department’s employment rights overview.

2. Pregnancy Disability Leave (PDL)

If you are disabled by pregnancy, you may be entitled to up to four months of unpaid, job-protected leave under California’s Pregnancy Disability Leave law. You do not need to work a certain number of hours to qualify.

Examples of pregnancy disabilities:

Bed rest prescribed by a doctor
Severe morning sickness
Childbirth recovery
Postpartum depression (in some cases)

Your employer may require medical certification, but they must reinstate you to the same or a comparable position after leave.

3. California Family Rights Act (CFRA)

Separate from PDL, the CFRA allows eligible employees to take up to 12 weeks of leave to bond with a new child or care for their own or a family member’s serious health condition. Unlike PDL, CFRA requires that you:

Have worked for the employer for at least 12 months
Have worked at least 1,250 hours in the past year

PDL and CFRA can be combined, giving eligible employees nearly seven months of protected leave.

Reasonable Accommodations During Pregnancy

Under both FEHA and the PWFA, employers must provide reasonable accommodations to pregnant employees who need them. This might include:

Modified duties or workload
Additional breaks
Temporary transfer to a less strenuous role
Seating arrangements
Remote work
Time off for prenatal appointments
Lactation accommodations (e.g., private space and break time)

As long as the accommodation doesn’t cause “undue hardship” to the employer, they are legally obligated to comply. If your employer refuses, that may be a violation of your rights.

Proving Pregnancy Discrimination in California

To prove a claim under California law, the employee generally must show that:

They were pregnant or had a related condition.
The employer took adverse action (e.g., fired, demoted, denied leave).
The pregnancy or condition was a substantial motivating reason for the adverse action.
The employee was harmed (e.g., loss of income, emotional distress).

In the recent case Lopez v. La Casa de Las Madres, the California appellate court clarified that an employee must also show they could perform their job duties with reasonable accommodation. This case highlights the importance of the interactive process and documentation.

What Should You Do If You Suspect Discrimination?

Here are some general steps employees often consider:

Keep records: Save emails, texts, and written requests related to your pregnancy and work.
Document accommodations: If you ask for modified duties or leave, put it in writing.
Speak up: Talk to HR or a supervisor and follow your company’s complaint procedures.
Seek legal help: If internal processes fail, consider contacting a lawyer who focuses on employment law and pregnancy rights.

You can also file a complaint with the California Civil Rights Department (CRD) or the EEOC.

Final Thoughts

No one should have to choose between their health and their job. California law offers some of the strongest workplace protections in the country for pregnant employees—but exercising those rights starts with awareness.

If you’ve been mistreated at work because of pregnancy, childbirth, or a related condition, KP Litigators is here to fight for you. Our experienced legal team understands how emotionally and financially overwhelming these situations can be.

Let us help you take the next step. Whether you’re seeking justice, reinstatement, or compensation, our team will stand by you with confidence and care.

Call (866) 973-5691 to schedule your free consultation. You have rights. We’ll help you enforce them.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

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Understanding Disability Discrimination in Pasadena: Your Rights

June 9, 2025

Disability discrimination can profoundly impact your personal and professional life, but California law provides robust protections to ensure fair treatment. If you live or work in Pasadena and believe you’ve faced discrimination due to a disability, understanding your rights is the first step toward seeking justice. This guide explains disability discrimination laws, your protections under state and federal statutes, key differences between them, and how to take action if your rights are violated.

What Is Disability Discrimination?

Disability discrimination occurs when an individual is treated unfavorably because of a physical or mental impairment that limits a major life activity, such as working, walking, seeing, or hearing. In Pasadena, both federal and California laws prohibit discrimination in various settings, including employment, housing, public accommodations, and access to government services.

Examples of disability discrimination include:

An employer refusing to hire or promote you because of your disability.
A landlord denying you housing due to a service animal.
A business failing to provide accessible facilities, like ramps or elevators.
Harassment in the workplace based on your disability, creating a hostile environment.

Key Laws Protecting Against Disability Discrimination

Several state and federal laws safeguard individuals with disabilities in Pasadena. Below is an overview of the most relevant statutes:

California Fair Employment and Housing Act (FEHA)

The California Fair Employment and Housing Act (FEHA) is the primary state law protecting against disability discrimination in employment and housing. It applies to employers with five or more employees, a lower threshold than federal law, making it more inclusive. FEHA defines a disability as any physical or mental condition that limits a major life activity, a broader standard than the federal requirement of substantially limiting such activities. This includes conditions like cancer, HIV/AIDS, epilepsy, depression, and anxiety.

FEHA requires employers to provide reasonable accommodations—such as modified work schedules, accessible equipment, or job restructuring—unless doing so causes an undue hardship to the employer. Employees can reject offered accommodations without fear of retaliation, provided they can still perform essential job functions.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) is a federal law prohibiting discrimination in employment (Title I), public services (Title II), and public accommodations (Title III). It applies to employers with 15 or more employees and defines a disability as an impairment that substantially limits a major life activity. The ADA also mandates reasonable accommodations and accessibility in public places, like restaurants, stores, and transit systems.

California Unruh Civil Rights Act and Disabled Persons Act

The Unruh Civil Rights Act (Civil Code § 51) and the California Disabled Persons Act (Civil Code §§ 54–55.32) extend protections to business establishments and public facilities. These laws ensure equal access to places like restaurants, theaters, and medical facilities and require reasonable modifications, such as allowing service animals. Violations of the ADA are automatically violations of these state laws, but California laws often provide stronger protections.

Key Differences Between FEHA and ADA

Scope of Disability Definition: FEHA’s broader definition covers conditions that merely limit a major life activity, while the ADA requires a substantial limitation. This makes FEHA more protective.
Employer Size: FEHA applies to employers with five or more employees, while the ADA applies to those with 15 or more.
Damages: FEHA allows unlimited compensatory and punitive damages, while the ADA caps damages based on employer size.
Accommodations: FEHA imposes a broader obligation to provide reasonable accommodations compared to the ADA.

Your Rights in Pasadena

As a Pasadena resident, you have the right to:

Equal Employment Opportunities: Employers cannot discriminate in hiring, promotions, or terminations based on your disability. They must provide reasonable accommodations to help you perform essential job functions.
Accessible Public Spaces: Businesses and public facilities must comply with accessibility standards, such as providing ramps or interpreters, unless it’s not readily achievable.
Fair Housing: Landlords must allow reasonable modifications (e.g., installing grab bars) at your expense and accommodate service animals.
Non-Retaliation: You cannot be punished for requesting accommodations or reporting discrimination.

What to Do If You Face Discrimination

If you believe you’ve experienced disability discrimination in Pasadena, take these steps:

Document the Incident: Record details, including dates, times, witnesses, and evidence (e.g., emails or photos). This strengthens your case.
Request Accommodations: Submit a written request for reasonable accommodations to your employer or service provider, including a doctor’s note if applicable.
File a Complaint:
- State Level: File with the California Civil Rights Department (CRD) within three years of the last discriminatory act. The CRD may mediate or issue a right-to-sue notice, giving you one year to file a lawsuit.
- Federal Level: File with the Equal Employment Opportunity Commission (EEOC) within 300 days if pursuing an ADA claim.
- Government Entities: For discrimination by public entities, file a tort claim within six months under the California Tort Claims Act.
Consider Legal Action: Consult a Pasadena disability discrimination attorney. For claims under $10,000, you can file in Small Claims Court without a lawyer.
Contact Advocacy Groups: Organizations like Disability Rights California offer resources and guidance.

Statutes of Limitations

Timing is critical:

FEHA Claims: File with the CRD within three years of the discriminatory act, with a 90-day extension if you were unaware of the discrimination.
ADA Claims: File with the EEOC within 300 days.
Tort Claims: File within six months for claims against government entities.
Small Claims Court: File within two years for discrimination cases.

Missing these deadlines can bar your claim, so act promptly.

Why Consult a Pasadena Attorney?

Navigating disability discrimination laws can be complex due to overlapping state and federal regulations. A Pasadena attorney specializing in employment or civil rights law can:

Assess whether your case falls under FEHA, ADA, or other laws.
Help gather evidence and file complaints with the CRD or EEOC.
Represent you in mediation, arbitration, or court to pursue damages, including lost wages, emotional distress, and punitive damages.

Firms like KP Law in Pasadena offer free consultations to evaluate your case and advocate for your rights.

Conclusion

Disability discrimination is a serious violation of your civil rights, but Pasadena residents are protected by strong state and federal laws. By understanding your rights under FEHA, the ADA, and other statutes, you can take informed steps to address discrimination. Document incidents, act within legal deadlines, and consult an experienced attorney to ensure your voice is heard. Your disability should never limit your opportunities—know your rights and take action to protect them.

Don’t let disability discrimination limit your opportunities—take control of your future today. Contact KP Law’s experienced Pasadena attorneys for a free consultation to discuss your disability discrimination case. With over 40 years of combined experience and a commitment to fighting for your rights, our team will guide you through the legal process with compassion and skill to pursue the justice you deserve.

Call (866) 973-5691 to schedule your free case review now.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

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Key Strategies for Winning an Appeal in California

May 12, 2025

Appealing a court decision in California is a complex process that requires meticulous preparation, a deep understanding of legal procedures, and strategic advocacy. Whether you’re a litigant, attorney, or someone seeking to understand the appellate process, this guide outlines key strategies to maximize your chances of success in a California appeal. By focusing on procedural compliance, compelling legal arguments, and effective presentation, you can navigate the appellate system with confidence.

Understanding the California Appellate Process

Before diving into strategies, it’s essential to grasp the basics of the California appellate process. An appeal is not a new trial but a review of the trial court’s record to determine if legal errors occurred that significantly affected the outcome. The California Courts of Appeal (for unlimited civil cases, family law, probate, or felony cases) or the appellate division of the superior court (for limited civil cases, misdemeanors, or infractions) handle most appeals. The process is governed by the California Rules of Court (CRC) and statutes like the California Code of Civil Procedure (CCP) §§ 904.1–904.5.

Appeals typically involve:

Filing a Notice of Appeal: A critical first step with strict deadlines (60 days for unlimited civil cases after notice of entry of judgment, or 30 days for limited civil cases).
Preparing the Record: Compiling trial court documents and transcripts for appellate review.
Briefing: Submitting written arguments to articulate legal errors.
Oral Argument: Presenting the case to appellate judges (optional in some cases).
Decision: The appellate court may affirm, reverse, or modify the trial court’s ruling.

Winning an appeal is challenging, with a reversal rate in civil cases around 20%, making strategic preparation critical. Below are key strategies to strengthen your appeal.

Strategy 1: Ensure Timely and Accurate Filing of the Notice of Appeal

The Notice of Appeal is the gateway to the appellate process, and missing its deadline is fatal. For unlimited civil cases, file within 60 days of service of the notice of entry of judgment or 180 days from entry if no notice is served (CRC Rule 8.104). For limited civil cases, the deadline is 30 days from notice or 90 days from entry (CRC Rule 8.822). Felony cases allow 60 days, while misdemeanors require 30 days.

Tips:

Verify the exact deadline based on case type and service date. Use court calendars to track.
File the notice in the trial court, not the appellate court, and serve all parties.
Pay the $775 filing fee or request a fee waiver if eligible (CRC Rule 8.100).
Consult an experienced appellate attorney to avoid procedural errors, as courts strictly enforce deadlines.

Strategy 2: Preserve Issues for Appeal During Trial

Appellate courts generally only consider issues raised and preserved in the trial court. Failing to object to errors, such as inadmissible evidence or improper jury instructions, may waive your right to appeal those issues (California Evidence Code § 353).

Tips:

Make timely and specific objections during trial to preserve errors (e.g., object to evidence under Evidence Code § 352 for undue prejudice).
File motions in limine to exclude evidence, ensuring they meet specificity requirements.
Request a statement of decision to clarify the trial court’s reasoning, and object to any omissions.
Work with trial counsel to anticipate appellate issues, as appellate success often hinges on trial preparation.

Strategy 3: Build a Strong Appellate Record

The appellate court relies solely on the trial court record, including transcripts, exhibits, and filings. An incomplete or poorly organized record can doom an appeal (CRC Rule 8.163).

Tips:

Within 10 days of filing the Notice of Appeal, designate the record, specifying documents and transcripts to include (CRC Rule 8.121).
Ensure the reporter’s transcript is accurate. If unavailable, use a settled or agreed statement (CRC Rules 8.134–8.137).
Organize the appendix clearly, as appellate judges value accessibility (Record Press recommendations).
Verify that all cited evidence is in the record, as courts will not consider new evidence (California Jurisprudence, Appellate Review §§ 485–576).

Statute: CCP § 911 allows appellate courts to take additional evidence in rare cases, but this is liberally construed only for justice, not routine supplementation.

Strategy 4: Craft a Persuasive Appellate Brief

The appellate brief is your primary tool to convince the court of legal errors. It must comply with CRC Rules 8.200–8.224 (unlimited cases) or 8.882–8.883 (limited cases) and present clear, supported arguments.

Tips:

Structure the brief with a table of contents, table of authorities, and clear headings summarizing each point (CRC Rule 8.204).
Focus on prejudicial errors (e.g., misinterpretation of statutes, improper evidence admission) that affected the outcome (selfhelp.courts.ca.gov).
Cite relevant statutes (e.g., CCP § 904.1 for appealable orders), case law, and the record for every assertion.
Use a concise, persuasive writing style. Avoid emotional arguments, as appeals focus on legal errors, not fairness.
Anticipate counterarguments and address them proactively.

Recent Change: Electronic submissions must adhere to strict formatting rules, and non-compliance can lead to dismissal.

Strategy 5: Leverage Strong Legal Grounds

Successful appeals hinge on demonstrating legal errors, such as:

Prejudicial Error: Mistakes in law or procedure that harmed the appellant (e.g., incorrect jury instructions or evidence rulings).
No Substantial Evidence: Lack of evidence to support the trial court’s decision.
Abuse of Discretion: Arbitrary or absurd rulings by the trial judge.
De Novo Review: For questions of law, like statutory interpretation, where the appellate court reviews independently.

Tips:

Identify errors early by reviewing the trial record with an appellate specialist.
Frame arguments around authoritative sources, like the California Supreme Court’s rulings or statutes (e.g., Penal Code § 1237.5 for criminal appeals).
In criminal cases, consider ineffective assistance of counsel claims, proving counsel’s actions changed the outcome (Justia).

Strategy 6: Prepare for Oral Argument

While not always required, oral argument is an opportunity to clarify your brief and respond to judges’ questions. Each side typically gets 15–30 minutes.

Tips:

Practice concise, focused responses to anticipated questions.
Emphasize your strongest arguments and avoid rehashing the brief.
Engage respectfully with judges, addressing their concerns directly.
Use an appellate specialist, as their experience can enhance advocacy (SGR Law).

Strategy 7: Consider Settlement or Alternative Relief

Appeals are time-consuming (12–18 months or more) and costly. Settlement during the appeal can save resources.

Tips:

Evaluate the risk of reduced damages or precedent-setting outcomes.
Explore modification petitions (e.g., in family law) as a simpler alternative to appeals.
Consult with counsel to weigh costs against potential benefits.

Conclusion

Winning an appeal in California demands precision, legal acumen, and strategic foresight. By filing timely, preserving issues, building a robust record, crafting persuasive briefs, leveraging strong legal grounds, excelling in oral argument, and considering settlement, you can enhance your chances of success. Given the complexity and low reversal rate, partnering with an experienced appellate attorney is often the most effective strategy.

If you’re seeking to overturn an unfavorable court decision in California, don’t navigate the complex appellate process alone. Contact KP Law today at (866) 973-5691 to schedule a free consultation with our experienced Pasadena appellate attorneys.

With over 40 years of combined expertise, our team at KP Law is ready to analyze your case, identify legal errors, and fight for the justice you deserve. Call now to take the first step toward a successful appeal.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

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California Appeals Process: A Guide for Litigants

April 22, 2025

Navigating the appeals process in California can be complex. This guide aims to provide litigants with a clear understanding of the steps involved in filing a civil appeal within the state.

Understanding Appeals in California

An appeal is a legal procedure where a higher court reviews the decision of a lower court to determine if legal errors occurred that could have affected the outcome. It’s important to note that an appeal is not a retrial; new evidence is generally not considered. Instead, the appellate court evaluates the trial record to assess whether proper procedures and laws were applied correctly.

Key Steps in the California Appeals Process

1. Filing the Notice of Appeal

To initiate an appeal, the appellant must file a Notice of Appeal with the trial court. This document informs the court and the opposing party of the intent to seek appellate review. In most civil cases, this notice must be filed within 60 days after the trial court clerk serves the notice of entry of judgment or within 180 days after the entry of judgment if no notice is served.

2. Designating the Record on Appeal

The appellant must specify which documents and transcripts from the trial court proceedings should be included in the appellate record. This record is crucial as it forms the basis for the appellate court’s review. The appellant can choose between a clerk’s transcript, which includes documents filed in the trial court, and a reporter’s transcript, which contains verbatim records of oral proceedings.

3. Preparing and Filing Briefs

Appellant’s Opening Brief: This document outlines the appellant’s arguments, detailing the alleged errors made by the trial court and citing relevant legal authorities. It’s imperative to present all pertinent issues in this brief, as failing to do so may result in waiving those arguments.
Respondent’s Brief: The appellee (respondent) responds to the appellant’s arguments, aiming to demonstrate that the trial court’s decision was correct.
Appellant’s Reply Brief: The appellant may file a reply to address points made in the respondent’s brief, focusing solely on countering those arguments without introducing new issues.

4. Oral Argument

After briefs are submitted, the court may schedule an oral argument, providing both parties an opportunity to present their positions and answer the judges’ questions. While not always granted, oral arguments can be pivotal in clarifying complex issues.

5. The Court’s Decision

Following deliberation, the appellate court will issue a written opinion. This decision may affirm the trial court’s ruling, reverse it, or remand the case for further proceedings. The opinion will detail the court’s reasoning and any directives for subsequent action.

Important Considerations

Timeliness: Strict deadlines govern the appeals process. Missing the window to file a Notice of Appeal can forfeit the right to appeal.
Scope of Review: The appellate court’s review is confined to the trial court record. New evidence or arguments not presented at trial are generally inadmissible.
Standard of Review: The appellate court applies specific standards when evaluating alleged errors, such as “de novo” for legal issues or “abuse of discretion” for certain trial court decisions.
Costs and Fees: Filing an appeal involves various costs, including filing fees and expenses related to preparing the record. In some instances, fee waivers may be available for those who qualify.

Embarking on an appeal requires meticulous attention to procedural rules and deadlines. Consulting with a legal professional experienced in appellate practice can provide crucial guidance tailored to the specifics of your case.

Conclusion

If you’re considering an appeal in California, having experienced legal representation is crucial. At KP Law, our team, led by Certified Appellate Law Specialist Zareh Jaltorossian, brings over 40 years of combined experience to navigate the complexities of appellate litigation. We are dedicated to providing personalized and effective advocacy to protect your rights throughout the appeals process.

Contact us today at (866) 973-5691 for a free consultation. Our Pasadena office is located at 140 S. Lake Ave, Suite 305, Pasadena, CA 91101. We are available 24/7 to discuss your case and explore your legal options.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.

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