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Case Studies

Briefs We Wrote. Orders We Won.

Each case below shows the brief we wrote, what we argued, and the order the court entered granting the relief. Every document is the filed version, with party names, case numbers, judges, addresses, signatures and dates redacted.

Federal District Court

Example Wins in the U.S. District Court

Seal of the U.S. District Court, Southern District of California
Federal District Court
U.S. District Court, Southern District of California

Won: Motion to Dismiss Denied on Both Jurisdiction Grounds

Our Brief

Opposition to Motion to Dismiss for Lack of Subject Matter Jurisdiction and Personal Jurisdiction

What we argued: In a legal malpractice action against an out-of-state law firm, we showed alienage diversity jurisdiction between a Canadian citizen plaintiff and New York defendants, and personal jurisdiction in California because the firm purposefully directed its legal work, including a California operating agreement and membership certificates, at California.

The Order We Won

The court denied the motion to dismiss in full, holding that diversity subject matter jurisdiction exists and that the court has personal jurisdiction over the defendants. The case stayed in federal court in California.

Seal of the U.S. District Court, Southern District of California
Federal District Court
U.S. District Court, Southern District of California

Won: Stricken Amended Complaint Restored to the Docket

Our Brief

Ex Parte Application to Clarify and Correct the Minute Order Striking the First Amended Complaint

What we argued: The court had struck the amended complaint for filing without leave. We showed it was filed as a matter of course under Rule 15(a)(1)(B), on the 21st day after service of a Rule 12(b) motion, so no leave or consent was required (Ramirez v. County of San Bernardino, 9th Cir. 2015), and that adding parties in a timely as-of-right amendment needed no separate leave.

The Order We Won

The court granted the application, vacated its own order striking the pleading, and directed the Clerk to restore the First Amended Complaint to the docket.

California Supreme Court

Example Win in the Supreme Court of California

Seal of the Supreme Court of California
California Supreme Court
Supreme Court of California

Won: Permission to Exceed the Ten-Page Exhibit Limit

Our Brief

Petitioner’s Application for Permission to File Reply to Answer to Petition for Review with Exhibits in Excess of Ten Pages

What we argued: Under California Rules of Court, rule 8.504, the trial and appellate orders and exhibits were unusually significant because they show jurisdictional defects that were never cured, and good cause existed for a longer attachment because ten pages could not capture their interdependent contents.

The Order We Won

The Supreme Court granted permission to file the reply in excess of the ten-page attachment limit, and the reply was filed with the full supporting record.

California Court of Appeal

Example Win in the California Court of Appeal

Seal of the Judicial Branch of California
California Court of Appeal
Court of Appeal, Second Appellate District

Won: Dismissal Reversed on Appeal

Winning Brief

Appeal from Dismissal After an Order Compelling Arbitration

What was argued: After compelling arbitration and staying a legal malpractice and breach of fiduciary duty case, the trial court dismissed it for failure to demand arbitration. On appeal, the dismissal was challenged as beyond the trial court’s power once it had compelled arbitration.

The Result

The Court of Appeal reversed. It held the trial court retained only vestigial jurisdiction after compelling arbitration, so the dismissal was error, and directed the trial court to appoint an arbitrator so the case could proceed. (Opinion not certified for publication.)

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The information on this website is for informational purposes only and is NOT legal advice. LegalBriefsUSA.com provides drafting and research support only to licensed attorneys and law firms. Use of this website does not create an attorney-client relationship. Past results do not guarantee a similar outcome in any other matter. Court seals identify the court that entered each order and do not imply any court endorsement of LegalBriefsUSA.

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