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Civil Appeals

Schiffer, APC represents clients in all facets of the civil appeals process, both in state and federal courts around the country. A Certified Appellate Law Specialist, Eric Schiffer has handled a wide-array of appellate matters ranging from lending issues, business litigation, Anti-SLAPP litigation, trademark and copyright infringement, recovery of attorney’s fees following litigation under specialized statutory schemes, interpretation of municipal ordinances, homeowners association law, as well as many others. Appellate matters are handled with the utmost quality of care to assure that our clients have the best chance of receiving favorable results. Eric Schiffer has personally authored dozens of appellate briefs and has argued in state and federal courts of appeal. Representative appellate matters include the following:

Trade Printers, Inc. v. PDF Print Communications, Inc., Arizona Court of Appeals, Division One (successfully reversed summary judgment entered against client arising from a contract dispute involving the purchase of a business- opinion issued July 2022);

Pham v. Nguyen, California Court of Appeal, Sixth Appellate District (successfully reserved a trial court’s denial of an Anti-SLAPP Special Motion to Strike- opinion issued April 2022);

Black Sky Capital, LLC v. Cobb, California Supreme Court (argued before the California Supreme Court regarding the application of California’s antideficiency statutes in the instance of a lender that owned the junior and senior liens on the same property involved in a nonjudical foreclosure- published opinion at 7 Cal. 5th 156 (2019))

Quoc Viet Foods, Inc. v. VV Foods, LLC, Ninth Circuit Court of Appeals (successfully reversed a district court’s order setting aside a jury verdict in favor of our client in regarding trademark infringement and trademark cancellation- opinion issued 2019);

Willard v. Kelley, California Court of Appeal, Fourth Appellate District, Division Three (defended against a claim for attorney’s fees under the private attorney general statute following an unsuccessful ballot designation challenge by one candidate for office against another candidate for office under the Election Code- prevailed in a published opinion at 2015 WL 4479686 (2015);

Audio Visual Services Group, Inc. v. Superior Court Los Angeles County (Solares), California Court of Appeal, Second Appellate District, Division Three (defended against class action claims by audio visual employees arising from the City of Los Angeles service charge ordinance pertaining to Century Corridor hotel workers- prevailed on writ of mandate in published opinion at 233 Cal. App. 4th 481 (2015));

John Doe v. Gangland Productions, United States Court of Appeals, Ninth Circuit, (prosecuted claims for public disclosure of private facts and false promise and successfully defeated an anti-SLAPP motion- prevailed in published opinion at 730 F.3d 946 (9th Cir. 2013)); and

Wittenberg v. Beachwalk Homeowners Association, California Court of Appeal, Fourth Appellate District, Division Three (prosecuted claims on behalf of dissenting homeowners for violation of HOA election process involving equal access to association media- prevailed in published opinion at 217 Cal. App. 4th 654 (2013)).

Practice Areas

Civil Appeals

Business Litigation

Anti-SLAPP Litigation

Real Estate and Financial Services Litigation

Intellectual Property and Unfair Competition Litigation

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