Attorney Timothy D. McGonigle has successfully represented numerous clients in appellate matters in California's state and federal courts. From his office in Los Angeles, he handles appeals throughout Los Angeles County and across the state. He has several reported decisions covering a broad span of litigation topics.
Mr. McGonigle understands the differences in procedure between the state and federal courts, and he knows the criteria they use to review appeals. From notifying the court of the intent to appeal to submitting the appellate brief and delivering oral arguments when appropriate, attorney McGonigle possesses the ability and the skill to navigate every aspect of the appellate process.
Experienced Help With Legal Appeals
Some of our representative appellate cases include:
Flora Dolnikov v. Dikran Ekizian, et al: In this case, Flora Dolnikov, an owner of dominant tenement sought damages for interference with her easement, injunctive relief, and a declaration of the parties' rights and duties under the easement. The servient tenement owner cross-complained seeking damages for, among other things, trespass, negligence, and nuisance. When Superior Court Judge Robert L. Hess entered judgment on jury verdict in favor of Flora Dolnikov was awarded, among other things, $713,927.96 in damages and interest.
The Court of Appeals upheld Judge Hess' ruling on grounds that Mr. McGonigle had successfully demonstrated at oral argument: (1) his client was entitled to build a retaining wall in furtherance of her rights and her full enjoyment of the easement and (2) the servient tenement owners' refusal to sign documents constituted an unreasonable interference with Flora's use and enjoyment of the easement.
Apex, LLC v. Sharing World, Inc.: Securing a sweeping victory, Timothy McGonigle successfully appealed a trial court's verdict in a case involving Defendant Sharing World, Inc.'s refusal to pay his client, Apex LLC, for cottonseed based on an enforceable oral agreement. The trial court had found in favor of Sharing World, Inc., holding that there was no evidence of mutual assent due to lack of certain contract terms. However, in accordance with Mr. McGonigle's reasoning, the Appellate Court reversed the erroneous trial court decision, holding that, since both parties clearly intended to enter into the contracts, the Uniform Commercial Code provided gap fillers to cover the terms left open by the parties' oral agreement.
Mordechai Kachlon, et al. v. Donald J. Markowitz: Timothy McGonigle secured a precedent-setting victory for his client, Donald J. Markowitz, in a wrongful foreclosure case brought against his client's residence. The Court of Appeals adopted Mr. McGonigle's argument and held in a published opinion that Civil Code §2924 deems the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications under the qualified, common-interest privilege of Civil Code §47(c)(1).
Mt. Holyoke Homes L.P. v. Jeffer Mangels Butler & Mitchell, LLP: Timothy McGonigle won a resounding victory for his clients, Mt. Holyoke Homes, L.P. and Darla Jones, when he successfully filed an appeal to vacate an arbitration award in a legal malpractice action. The Court of Appeals adopted Mr. McGonigle's argument that the trial court should have granted Mt. Holyoke Homes L.P.'s motion to vacate the arbitration award due to the arbitrator's failure to timely disclose a prior relationship with a partner of the defendant law firm. The Court of Appeals' opinion reversed the arbitrator's award and awarded Mr. McGonigle's clients all costs for appeal.
Contact Our Attorney For Help With Your Appellate Case
You are invited to contact Mr. McGonigle to discuss your appellate law matter. You can schedule an appointment with a lawyer by calling 310-478-7110. You may also contact the firm via email.