Appeals

KLAPACH & KLAPACH, P.C.
Estate Planning for a Lifetime®.

Klapach & Klapach, P.C. has represented clients in appellate matters involving virtually every major area of the law, including business torts, constitutional rights, criminal law, intellectual property, professional liability, employment, real estate, bankruptcy, and securities. Many of these appeals have involved high-profile, high-stakes disputes, and a number have resulted in published decisions. Joseph S. Klapach is a Certified Specialist in Appellate Law with the State Bar of California Board of Legal Specialization, and he has been named as one of the Top 100 Appellate Attorneys in California by the American Society of Legal Advocates for the past seven years (2013 through 2019).

Representative Appeals:

Placer Foreclosure, Inc. v. Aflalo, 23 Cal.App.5th 1109 (2018) – Represented former homeowner in appeal against foreclosure trustee who refused to release $974,786 in surplus proceeds.

Result: Court of Appeal reversed the trial court and directed the release of the $974,786 in surplus proceeds to homeowner client immediately. The Court of Appeal held that trustee of deed of trust cannot avoid its obligations under the foreclosure statutes by filing an interpleader action.

City of Long Beach v. City of Los Angeles, 19 Cal.App.5th 465 (2018) – Represented a coalition of prominent Los Angeles businesses in appeal challenging trial court’s judgment setting aside the environmental impact statement prepared by the Port of Los Angeles for the planned expansion of the Burlington Northern railyard.

Result: Court of Appeal reversed the trial court and held that the environmental impact statement satisfied the requirements of the California Environmental Quality Act in all but one minor regard.

Out of the Box Enterprises, LLC v. El Paseo Jewelry Exchange, Inc., 732 Fed.Appx. 532 (9th Cir. 2018) – Represented jeweler in appeal from adverse $2.4 million jury verdict in unfair competition action.

Result: Court of Appeal reversed $2.4 million verdict and directed entry of judgment of no liability in favor of client jeweler.

The International Brotherhood of Boilermakers, etc. v. NASSCO Holdings Inc., 17 Cal.App.5th 1105 (2017) – Defended a labor union in appeal brought by shipbuilding employer after the trial court ruled that the employer had violated the Worker Adjustment and Retraining Notification Act (“WARN Act”).

Result: Court of Appeal affirmed the trial court’s judgment in favor of the client labor union, holding, in case of first impression, that the WARN Act applies to temporary layoffs. On remand, the trial court awarded Klapach & Klapach, P.C. a multiplier on its legal fees to reflect its exceptional work in handling the appeal.

Lopez v. Routt, 17 Cal.App.5th 1006 (2017) – Defended city employee who won a $1 million judgment against City of Beverly Hills in employment case against individual supervisor who sought attorney’s fees.

Result: Court of Appeal affirmed ruling in client employee’s favor, holding in case of first impression that frivolousness standard applies to individual defendant’s request for fees in state employment discrimination case. On remand, the trial court awarded Klapach & Klapach, P.C. a multiplier on its legal fees to reflect its exceptional work in handling the appeal.

Klein v. City of Beverly Hills, 865 F.3d 1276 (9th Cir. 2017) – Represented civil rights plaintiff in judicial deception claim against City of Beverly Hills.

Result: Court of Appeal reversed trial court’s ruling that client civil rights plaintiff’s claims were barred by statute of limitations, holding that judicial deception claim accrues when search warrant affidavit becomes reasonably available.

Pom Wonderful LLC v. Hubbard, 775 F.3d 1118 (9th Cir. 2014) – Represented leading manufacturer of pomegranate juice in appeal from district court’s order denying preliminary injunction against energy drink manufacturer for trademark infringement.

Result: Court of Appeal reversed trial court’s denial of preliminary injunction and held that pomegranate juice manufacturer established its protected interest in “POM” mark.

People v. Ligons, 84 Cal.App.4th 808 (2010) – Represented indigent defendant in criminal appeal.

Result: Court of Appeal reversed convictions for attempted escape and assault.

Bell v. Mason, 194 Cal.App.4th 1102 (2011) – Represented a real estate broker in an appeal from an adverse jury verdict for $900,000 fraud and dependent adult abuse.

Result: Court of Appeal reversed the $900,000 jury verdict in the plaintiff’s favor and directed the trial court to enter judgment of no liability in favor of Klapach & Klapach, P.C.’s broker client.
Concerned Citizens of South Central Los Angeles v. City of Los Angeles, 2011 WL 1889418 (2011) –

Represented non-profit organization in appeal from adverse judgment awarding $4.8 million in condemnation proceeds to City of Los Angeles.

Result: Court of Appeal reversed the trial court’s judgment and directed the trial court to award the $4.8 million in condemnation proceeds to Klapach & Klapach, P.C.’s non-profit client.

Manshardt v. Federal Judicial Qualifications Committee et al., 408 F.3d 1154 (2005) – Defended a federal judge selection committee established by President George W. Bush and Senators Feinstein and Boxer against a lawsuit challenging the committee process on statutory and constitutional grounds.

Result: Court of Appeal ruled in the client committee’s favor and affirmed the trial court’s dismissal of the lawsuit.