ABOUT MYRON MOSKOVITZ

Myron Moskovitz is a Professor of Law and a successful advocate in California civil appeals. Professor Moskovitz received his law degree (with honors) from Boalt Hall, University of California, then served as a law clerk for a Justice of the California Supreme Court.

Handling Civil Appeals

Professor Moskovitz has extensive experience in civil appeals and writs practice.  He has handled cases in the California Supreme Court, California Courts of Appeal, and the United States Court of Appeal.  He has won over 80% of his published appellate cases. 

He was appointed by California State Bar Board of Governors to the State Bar Committee on Appellate Courts, which works with Court of Appeal justices on matters relating to California’s appellate courts.

Writing and Teaching about Civil Appeals

He is the author of Winning An Appeal (now in its 4th edition). 
He lectures California lawyers on how to handle civil appeals, at programs sponsored by the California Continuing Education of the Bar (CEB).  He has also assisted CEB in preparing its book on California Civil Appellate Practice.

Professor Moskovitz directs the Appellate Advocacy Institute, where he runs a unique moot court program where lawyers with criminal and civil appeals pending in California appellate courts practice their appellate arguments and receive feedback from Professor Moskovitz. He has also taught Appellate Advocacy to his law students.

Published Appellate Cases

• People v. Vaughn (California Court of Appeal, 1st District, 1966) 243 Cal.App.2d 730 (obtained reversal in appeal for criminal defendant who was not given proper hearing)
• Diaz v. Quitoriano (California Court of Appeal, 3rd District, 1969) 268 Cal.App.2d 807 (obtained reversal in appeal by farmworkers who were denied welfare benefits)
• Schweiger v. Superior Court (California Supreme Court, 1970) 3 Cal.3d 507 (obtained writ; appellate opinion established new doctrine of retaliatory eviction)
• Aweeka v. Bonds (California Court of Appeal, 1st District, 1971) 20 Cal.App.3d 278 (obtained reversal in appeal by tenant; appellate opinion established new right to sue for damages for retaliatory eviction)
• Lindsey v. Normet (United States Supreme Court, 1971) 405 U.S. 56 (obtained reversal in appeal by tenant; appellate opinion held that tenants faced with double rent appeal bond in Oregon eviction cases had been denied Due Process of Law)
• Hinson v. Delis (California Court of Appeal, 1st District, 1972) 26 Cal.App.3d 62 (obtained reversal in appeal by tenant; appellate opinion established new doctrine of implied warranty of habitability)
• Green v. Superior Court (California Supreme Court, 1974) 10 Cal.3d 616 (obtained writ, appellate opinion confirmed Hinson and firmly established doctrine of implied warranty of habitability)
• Birkenfeld v. City of Berkeley (California Supreme Court, 1976) 17 Cal.3d 129 (obtained appellate opinion establishing right of California cities to adopt residential rent control)
• Rue-Ell Enterprises v. City of Berkeley (California Court of Appeal, 1st District, 1983) 147 Cal.App.3d 81 (obtained affirmance against appeal by landlord; appellate opinion established right of California cities to adopt commercial rent control)
• Cotati Alliance For Better Housing v. City of Cotati (California Court of Appeal, 1st District, 1983) 148 Cal.App.3d 280 (obtained reversal in appeal by City, appellate opinion upheld City's rent control ordinance)
• Fisher v. City of Berkeley (California Supreme Court, 1984) 37 Cal.3d 644 & 475 U.S. 260 (1986) (obtained appellate reversal of Court of Appeal opinion invalidating residential rent control ordinance; California Supreme Court and U.S. Supreme Court issued appellate opinions holding that rent control ordinance did not violate Due Process Clause or antitrust laws.)
• People v. McNiece (California Court of Appeal, 5th District, 1986) 181 Cal.App.3d 1048 (obtained appellate reversal of vehicular manslaughter conviction; Court of Appeal held that standard jury instruction was incorrect.)
• Palmer v. Ted Stevens Honda, Inc. (California Court of Appeal, 6th District, 1987) 193 Cal.App.3d 530 (obtained appellate reversal of punitive damage award against used car dealer)
• City of Berkeley v. City of Berkeley Rent Stabilization Board (California Court of Appeal, 1st District, 1994) 27 Cal.App.4th 951 (failed to obtain appellate reversal of trial court ruling upholding rent board's method of allowing rent increases)
• Trans-Action Commercial Investors, Ltd. v. Firmaterr (California Court of Appeal, 1st District, 1997) 60 Cal.App.4th 352 (obtained appellate reversal of trial court's imposition of award of $50,000 in “sanctions” against attorney who allegedly violated in limine orders during jury trial)
• Makarova v. United States (United States Court of Appeals, 2nd Circuit, 2000) 201 F.3d 110 (failed to obtain appellate reversal of district court ruling that ballerina's personal injury suit for injuries sustained during performance at Kennedy Center was barred by availability of worker's compensation benefits)
• In re Estate of Jones (California Court of Appeal, 3rd District, 2004) 122 Cal.App.4th 326 (failed to obtain appellate reversal of trial court ruling that testator did not intend to leave his estate to former stepdaughters)
• Betz v. Trainer Wortham & Co., Inc. (United States Court of Appeals, 9th Circuit, 2007) 486 F.3d 590 and 2007 WL 1494018 (obtained two appellate reversals of district court ruling that elderly woman's suit for securities fraud and related state claims was barred by statute of limitations)

TOTALS:

• 15 wins on appeal (14 when representing appellants, 1 when representing respondent. Birkenfeld and Fisher were partial wins.)
• 3 losses on appeal (City of Berkeley, Markarova, and Estate of Jones – all when representing appellants)
• On average, appellate courts order reversals in only 20% of civil appeals. However, Professor Moskovitz has obtained reversals in 14 out of 17 of published civil appeals in which he represented appellants – a success rate of 82%.