Legal Question in Civil Litigation in California
can a plaintiff that files suite in unlimited civil appeal a jurys decision if they lose.
5 Answers from Attorneys
Technically, yes. You would have to show that the court made some serious errors during the trial.
Yes, the plaintiff would have the right to appeal. Whether the plaintiff can win that appeal is, of course, a much different matter.
For more information about civil appeals in general, see my website at: www.LosAngelesAppeals.com
Technically you cannot appeal a jury's decision, unless there is no way a reasonable jury could have made the finding of fact that they did on the evidence presented. And before you appeal on that basis, you have to ask the trial judge to set aside the jury verdict by filing a motion for a judgment notwithstanding the verdict. In over twenty years practicing law, I have never seen a successful appeal on that ground. For an appeal to be successful there must have been some error of law or procedure in the conduct of the trial that deprived the appellant of a fair trial or resulted in a verdict contrary to the law. Also, the appellant must have objected or otherwise raised the issues in the trial court so that the trial judge could have corrected them. If the trial is procedurally fair, and the legal rulings and jury instructions are correct, or if the appellant fails to preserve the issues by timely objection, etc., an appeal will not be successful.
Yes. Only small claims plaintiffs forfeit the right to appeal. Either side (or both sides) in any other type of case can appeal an outcome that they are not happy with.
Whether your appeal stands a realistic chance of succeeding is another question entirely. You haven't told us anything about the case, so I can't begin to answer that question.
Please feel free to contact me directly if you want to discuss your case further. I am certified by the State Bar of California as a specialist in appellate practice, and I have more than 15 years of experience.
Technically, the appeal is from the judgment, not the verdict. You need to consult an attorney to explore post trial motions, before you run out the door and file an expensive appeal.
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