Jeff Lewis

Jeff Lewis

Broedlow Lewis LLP

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SLAPP’d in San Bernardino: Public Defender’s Retaliation Lawsuit Deemed a SLAPP

In an unpublished decision on Friday, Division One of the Fourth Appellate District ruled that a retaliation civil claim filed by a former public defender against the County of San Bernardino was a Strategic Lawsuit Against...more

12/16/2014 - Adverse Employment Action Anti-SLAPP Employer Liability Issues Retaliation

Court strikes down California’s “collect on arrest” DNA collection law

In November 2004, California enacted a law requiring that anyone arrested for a felony have their DNA collected. This amounted to a significant expansion of the prior law that allowed for collection of DNA after conviction. ...more

12/5/2014 - Appeals Convictions DNA Felonies Fourth Amendment Warrantless Searches

The Intersection of Budget Cuts and Due Process

Due to budget constrains, the Los Angeles Superior Court no longer provides a court reporter for most law and motion matters. Instead, parties must prearrange and privately pay for a court reporter to transcribe a hearing. ...more

11/13/2014 - City of Los Angeles Court Budgets Court Reporters

Checking the Wrong Box Almost Ends Appeal Before it Starts

On Friday, the Third Appellate District in California issued an opinion in Ellis Law Group v. Nevada City Sugar Loaf Properties (Oct. 3, 2014 C072820). The appellate proceeding arose from an attorney’s fee award following a...more

10/7/2014 - Anti-SLAPP Attorney's Fees Notice of Appeal

New California Law Strengthens Consumers’ Right to Post Online Reviews

Earlier this month, California became the first state to pass legislation that further protects a consumer’s right to post a truthful review online. AB-2365, authored by State Assemblyman John A. Perez, was signed by Governor...more

9/18/2014 - New Legislation Online Reviews

SLAPP’d in Los Angeles: What types of Lawsuits are Protected by California’s Anti-SLAPP Law

This post is the second in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. In the prior post, I described in general what California’s anti-SLAPP law...more

7/10/2014 - Anti-SLAPP

Supreme Court Unanimously Prohibits Warrantless Searches of Cellphones

Today, the United States Supreme Court ruled unanimously that law enforcement may not search a cellphone absent a warrant or exigent circumstances. The vast majority of law enforcement searches occur incident to arrest and...more

6/26/2014 - Cell Phones Evidence Law Enforcement SCOTUS Search Warrant

SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law

This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? ...more

4/14/2014 - Anti-SLAPP First Amendment Litigation Strategies

The Appellate Court has Issued its Opinion, Now What?

This post is the fourth in an ongoing series explaining the process of a civil appeal. Prior posts described filing of a notice of appeal, filing the record on appeal and filing appellate briefs with the Court of Appeal. ...more

4/11/2014 - Appeals Appellate Briefs

Ninth Circuit Issues First Amendment Ruling in Court Filings Access Case

On Tuesday, the Ninth Circuit issued an important opinion concerning the First Amendment in Courthouse News Service v. Michael Planet (Apr. 8, 2014 11-57187). Courthouse News Service (“CNS”) had filed the lawsuit against the...more

4/10/2014 - Abstention First Amendment Rules of Civil Procedure

The Appellate Record is Complete, Now What?

After a notice of appeal is filed with the trial court and the record on appeal is filed with the Court of Appeal, the parties submit briefs to the Court of Appeal and participate in oral argument. This post is the third in...more

3/7/2014 - Appeals Appellate Briefs Notice of Appeal

I Filed a Notice of Appeal, Now What?

The process of pursuing a civil appeal in California can be a bit of a mystery for the first time litigant or trial lawyer unfamiliar with appeals. This post is the second in a series on explaining the process of a civil...more

3/5/2014 - Filing Requirements Notice of Appeal

Litigating the Malicious Prosecution Case

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

3/4/2014 - Litigation Strategies Malicious Prosecution

I Hired an Appellate Specialist, Now What?

The process of pursuing a civil appeal in California can be a bit of a mystery for the first time litigant or trial lawyer. This post is the first in a series on explaining the process of a civil appeal. The first and most...more

3/4/2014 - Appeals Filing Deadlines Notice of Appeal

Ninth Circuit Rules that San Diego’s Restrictions on Concealed Weapon Permits are Unconstitutional

Yesterday the Ninth Circuit ruled that “San Diego County’s ’good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.” The case is Peruta v. San Diego (9th...more

2/14/2014 - Concealed Carry Permit Concealed Weapons Gun Laws Second Amendment

Legal Perspective on Negative Online Reviews: What Both Sides Should Consider Before Jumping Into the Fray

We recently asked: for customers and businesses alike, what should we know about libel and defamation (and the legal pitfalls of online rants in general) before we post negative comments online? Here’s what we heard back....more

2/6/2014 - Anti-SLAPP Defamation Legal Perspectives Libel Online Reviews Social Media Yelp

Four Things Every Trial Lawyer Should Know About Civil Writs

This post is the sixth in an ongoing series about maximizing a party’s chances of prevailing on appeal. A frequently asked question by trial lawyers is whether and when to seek review of a trial court order by way of a...more

1/21/2014 - Appeals Trials Writ of Mandamus

Ninth Circuit extends First Amendment protection to bloggers

Today the Ninth Circuit issued its opinion in Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014). The decision extended to bloggers the same First Amendment protections that are afforded to traditional journalists. ...more

1/20/2014

How to lose your appeal before it starts

This post is the fifth in an ongoing series about maximizing a party’s chances of prevailing on appeal. Filing a proper and timely notice of appeal is the first important task in the appellate process. Once a notice of...more

1/7/2014 - Appeals Filing Requirements Required Documentation Transcripts

Non-appealability clauses eliminating all federal court review of arbitration awards held unenforceable

I generally advise most clients under most circumstances to avoid arbitration clauses. Over the long run, they do not deliver on the promise of streamlined, cost effective litigation....more

12/18/2013 - Appeals Arbitration Arbitration Awards Void and Unenforceable

Justice Rubin Tackles the Amorphous “Abuse of Discretion” Standard

Today, Division Eight of the Second Appellate District of California issued its decision in Gaines v. Fidelity National Title Insurance Company (Dec. 12, 2013 B244961). The case involved the dismissal of a fraud case in the...more

12/13/2013 - Abuse of Discretion Appeals Dismissals Judges

Why Appellate Procedural Rules Matter

The unpublished decision by the Third Appellate District in Martel v. Litchfield (Dec. 4, 2013 C068425) provides four glaring examples of how violating procedural appellate rules can affect the outcome of an appeal. In...more

12/6/2013 - Appellate Rules

Contrasting the Torts of Malicious Prosecution and Abuse of Process

The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions in the elements of...more

11/29/2013 - Abuse of Process Malicious Prosecution

Section 128.7 Sanctions Not Available Following Arbitration

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more

11/27/2013 - Arbitration Attorney's Fees Malicious Prosecution Pleadings Prevailing Party Sanctions

Proving the “Prior Action” Requirement of a Malicious Prosecution Case

When a party prevails in a legal proceeding, he or she sometimes will seek further vindication by way of a malicious prosecution action. However, no matter how frivolous the prior action was, not all legal proceedings are...more

11/25/2013 - Malicious Prosecution

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