The Law Office of Herb Fox handles all types of civil appeals and writs in state and federal courts on behalf of both plaintiffs and defendants, appellants and respondents. These areas of law include, but are not limited to:

  •  Administrative Law, including professional licensure.

  •  Arbitration Law, including orders denying motions to compel arbitration and judgments confirming arbitration awards.  See, e.g., Harris v. Sandro (2002) 96 Cal.App.4th 1310; Parker v. McCaw (2005) 125  Cal.App.4th 1494.

  • Anti-SLAPP appeals, on behalf of plaintiffs or defendants.

  • Business Law, including contract disputes, lost profits, and partnerships.  See, e.g., Western Surety Co. v. LaCumbre Office Partners, LLC (2017) 8 Cal.App.5th 105.

  • Class Action Law, including orders granting or denying class certification.

  • Defamation and malicious prosecution appeals.

  • Employment Law, including wrongful termination, discrimination and harassment, collective bargaining, and wage and hour claims.  See. e.g., Violante v. Community Southwest Communities Inc. (2006) 138 Cal.App.4th 972 and Reyes v. Van Elk Ltd. (2007) 148 Cal.App.4th 604.

  • Environmental Law, including land use, NEPA and CEQA. See, e.g., Ocean View HOA v. Montecito Water District (2004) 116 Cal.App.4th 396;  Surfriders Foundation v. Martins Beach 1, LLC (2017) 14 Cal.App.5th 238.

  • Family Law, including support, custody and move-aways. See, e.g., Marriage of Bryant (2001) 91 Cal.App.4th 789; In re Marriage of Rosenfeld and Gross (2014) 225 Cal.App.4th 478; Schneer v. Luarado (2015)  242 Cal.App.4th 1276.

  • Insurance Law, including bad faith and coverage disputes.  See, e.g., Safeco Insurance Co. v. Parks (2009) 170 Cal.App. 4th 992.

  • Personal Injury, including medical malpractice.  See, e.g., Aldana v. Stillwagon (2016) 2 Cal.App.5th 1.

  •  Probate and Trust Law, including conservatorship proceedings, will contests, heirship, elder abuse, and undue influence. See, e.g., Estate of Griswold (2001) 25 Cal.4th 904; Rice v. Clark (2002) 28 Cal.4th 89; and Estate of Lira (2012) 212 Cal.App.4th 1368.

  • Professional Negligence, including attorney and account malpractice.

  • Real Estate and Property Law, including residential and commercial purchase/sale transactions, easement disputes, construction defects, and disclosure issues.  See, e.g., Huijers v. Demarais (1992) 11 Cal.App.4th 676.  


When retained as appellate counsel, Herb Fox assumes the position of lead attorney for all appellate-related matters, from filing the Notice of Appeal, perfecting stays of enforcement, assessing the merits of the appeal, record preparation, legal research and analysis, drafting and filing briefs, appearing at the oral argument, assessing the Court of Appeal’s Opinion, preparing Supreme Court Petitions and—if the case is taken up—handling all proceedings at the Supreme Court. 

Extraordinary Writ Petitions

Herb Fox consults with trial counsel on the availability and value of interlocutory Petitions for Extraordinary Writ relief and—if the Petition is to be filed—will handle all stages of the writ proceeding from the filing of the Petition at the Court of Appeal through summary denial or decision on the merits.

Post Judgment Proceedings

Herb Fox consults with trial counsel on the need for post judgment proceedings in the trial courts that may be necessary in order to create or preserve appellate issues, and will assist trial counsel in preparing or responding to those motions or proceedings. 

Trial Proceedings

Herb Fox consults with trial counsel in order to create and preserve issues of law that might be subject to appellate review after rendition of the judgment or appealable order and assists in drafting the appropriate motion, brief or request. These include Motions for Summary Judgment, jury instructions, trial briefs, and Motions in Limine.

Pre-Trial Proceedings

The resolution of an issue of law—or a prediction as to how a Court of Appeal will rule—can affect a party’s willingness to settle a case prior to trial. Herb Fox consults with trial counsel, assists in the preparation of settlement conference or mediation briefs, and appears at settlement conferences and mediations to help persuade opposing parties as to the likely outcome of litigation and appellate proceedings if the case were to go to trial. Herb also consults with trial counsel prior to and during the pleading stages, assisting in the drafting of complaints, demurrers, and motions to strike, including prosecuting and responding to anti-SLAPP motions.

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