About the Authors
MITCHELL E. ABBOTT serves as chair of the Appellate Practice Group of Richards, Watson & Gershon in Los Angeles, where his practice focuses on the representation of municipalities and other public entities. He has handled writ matters, civil rights actions, land use cases under the California Environmental Quality Act, public financing cases, taxpayers’ actions, and election contests in both the superior and appellate courts. Mr. Abbott is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization), a member of the State Bar’s Appellate Law Advisory Commission, a member of the California Academy of Appellate Lawyers, and a past chair of the State Bar’s Committee on Appellate Courts. He received his A.B. (magna cum laude) in 1972 from the University of California, Davis, and his J.D. in 1975 from the University of Virginia Law School.
TERRY P. ANASTASSIOU is a partner in the San Francisco office of Ropers Majeski Kohn Bentley. His practice emphasizes appeals and writs in state and federal courts in cases involving business, environmental, and professional liability issues. Mr. Anastassiou is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization). He has published articles on civil writ practice, contractual arbitration, and the use of special masters in complex litigation. In addition, he has taught seminars on legal writing and pretrial motion practice and taught legal writing at Hastings College of the Law. Mr. Anastassiou received his B.A. in 1983 from George Washington University and his J.D. in 1991 from Santa Clara University School of Law.
JENNIFER LA FOND CHAVEZ is an associate in the San Diego office of Luce, Forward, Hamilton & Scripps LLP and a member of the firm’s Real Estate Practice Group. Ms. Chavez specializes in land use transactional and litigation matters, including compliance with the California Environmental Quality Act (CEQA), the Subdivision Map Act, and planning and zoning laws. She received her B.A. (Provost Honors List) in 1998 from the University of California, San Diego, and her J.D. (magna cum laude) in 2002 from Pepperdine University Law School.
JEFFREY CHINE is a partner in the San Diego office of Luce, Forward, Hamilton & Scripps LLP, where he specializes in environmental compliance, land use litigation, and administrative law. Mr. Chine advises landowners, developers, and public agencies on the acquisition, sale, planning, and development of commercial and residential projects. He frequently lectures on land use and development issues to planning and environmental professionals, attorneys, and superior court judges and appellate justices at the California Judicial College. Mr. Chine received his B.A. in 1984 from the University of California, Santa Barbara, and his J.D. in 1987 from the University of California, Los Angeles, School of Law, where he was an editor of the Journal of Environmental Law & Policy.
EFRAT M. COGAN is senior counsel in the Los Angeles office of Buchalter Nemer, where she is a member of the firm’s Litigation and Appellate Practice Groups. Ms. Cogan specializes in complex commercial litigation and contract disputes, real estate and construction, copyright and unfair competition, class actions, professional liability, and constitutional law. She is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and has been named a Southern California Super Lawyer. She received her B.A. in 1984 from the University of California, Los Angeles, and her J.D. (Order of the Coif) in 1987 from the University of Southern California, where she was articles editor of the law review.
DOUGLAS J. COLLODEL is special counsel in the Los Angeles office of Sedgwick, Detert, Moran & Arnold LLP. His practice focuses on civil appellate work in both state and federal courts in cases involving constitutional questions, healthcare matters, business torts, governmental tort claims, and insurance litigation. Mr. Collodel is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and serves on the Los Angeles County Bar Association’s Appellate Courts and Appellate Election Evaluations Committees. He received his A.B. in 1980 from the University of Notre Dame and his J.D. in 1983 from the University of the Pacific, McGeorge School of Law.
ROBERT M. DATO is a shareholder of Buchalter Nemer in Irvine, primarily representing clients in appeals, writ proceedings, and post-trial motions. Mr. Dato is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and has handled more than 400 appellate matters in state and federal courts across the country. He is a former senior research attorney to Presiding Justice David Sills of the Fourth District Court of Appeal, Division Three, and has occasionally served as writ attorney for the court. Mr. Dato is also a past chair of the State Bar’s Committee on Administration of Justice. He received his B.A. in 1980 from San Diego State University and his J.D. in 1983 from the University of San Diego.
DAVID DE JESUS is Counsel in the Oakland office of Reed Smith LLP, where he is a member of the firm’s Appellate Group. Mr. de Jesus specializes in civil appeals and writs, post-trial motions, and other complex law and motion matters in state and federal courts. Mr. de Jesus received his B.A. (with honors) in 1993 from Loyola Marymount University and his J.D. in 1998 from Loyola Law School, where he was an articles editor for the Loyola Law Review.
PAUL D. FOGEL is a partner in the San Francisco office of Reed Smith LLP, where he specializes in civil appeals, writs, and post-trial motions. He is a member and past president of the California Academy of Appellate Lawyers, a fellow in the American Academy of Appellate Lawyers, a member of the California Judicial Council’s Appellate Advisory Committee, and a past chair of the State Bar Committee on Appellate Courts. He writes and lectures extensively on appellate law and procedure and serves as a practitioner-advisor in Appellate Advocacy at the University of California, Berkeley, School of Law. Mr. Fogel has appeared as counsel in more than 350 appellate matters in the California Courts of Appeal, the California Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit, including more than 60 cases that have resulted in published opinions. He received his A.B. (Phi Beta Kappa) in 1971 from the University of California, Berkeley, and his J.D. in 1976 from the University of California, Los Angeles, School of Law.
MARK FOGELMAN is a partner in the San Francisco office of Reed Smith LLP, where his practice focuses on civil, regulatory, and appellate litigation in the energy, telecommunications, and water industries. A member of the California Academy of Appellate Lawyers, Mr. Fogelman has handled over 150 appeals, resulting in more than 45 published opinions. He also frequently speaks and writes on issues related to regulated industries and appellate practice. Mr. Fogelman received his A.B. from Stanford University and his J.D. from the University of Chicago Law School.
GINETTA L. GIOVINCO is an associate in the Los Angeles office of Richards, Watson & Gershon, where she represents public entities and private sector clients in litigation matters in both state and federal courts. She received her B.A. (summa cum laude) in 1997 from American University, and her J.D. in 2003 from the University of California, Los Angeles, School of Law.
THE HONORABLE MARGARET M. GRIGNON (RET.) is a partner in the Los Angeles office of Reed Smith LLP, where she is a member of the firm’s Appellate Group. Justice Grignon spent 14 years as a justice on the Second District Court of Appeal, where she authored over 2000 opinions on a wide range of topics. She has published numerous articles on tax, business, and appellate law and is a frequent lecturer at education programs for lawyers and judges. Judge Grignon received her B.A. (cum laude) in 1972 from the University of California, Los Angeles, and her J.D. (summa cum laude) in 1977 from Loyola Law School of Los Angeles.
SUSAN H. HANDELMAN is a partner in the Redwood City office of Ropers Majeski Kohn Bentley, where she specializes in civil appeals and writs in a wide range of practice areas, including intellectual property, legal and medical malpractice, and banking and tax litigation. Ms. Handelman is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and is the author of articles on federal jurisdiction and insurance coverage issues. She served 4 years on the State Bar’s Appellate Law Advisory Commission, including a term as Chair of the Commission. Ms. Handelman received her B.A. (with honors) from Washington State University and her J.D. (with honors) from Golden Gate University.
MAUREEN M. HOME is of counsel with the firm Morris Polich & Purdy LLP, specializing in civil appeals and writs. Ms. Home also has worked as a judicial attorney with the Second District Court of Appeal in Los Angeles. She is a member of the Los Angeles County Bar Association Appellate Courts Committee and has been involved in numerous writ cases. Ms. Home received her B.A. in 1981 from the University of Southern California, her M.A. in 1991 from the University of Southern California Annenberg School for Communication, and her J.D. (magna cum laude) in 1995 from Southwestern University School of Law, where she was editor-in-chief of the Southwestern Law Review.
CHRISTINA J. IMRE is a partner in the Los Angeles office of Sedgwick, Detert, Moran & Arnold LLP and co-chair of the firm’s Appellate Practice Group. Ms. Imre specializes in civil appeals, writs, and post-trial motions, having handled over 1000 appeals and writs across the country. She writes and lectures extensively on appellate, punitive damages, and insurance-related matters. She has been named a Southern California Super Lawyer by Los Angeles Magazine and was voted One of the 50 Most Powerful Women in Los Angeles Law by the Los Angeles Business Journal. Ms. Imre received her B.A. (summa cum laude) in 1972 from Mount St. Mary’s College, her M.A. in 1974 from the University of Notre Dame, and her J.D. (cum laude) in 1980 from Loyola Law School of Los Angeles, where she was editor-in-chief of the Loyola International & Comparative Law Journal.
DAVID K. ISMAY is an associate at Farella Braun + Martel LLP, where he is a member of the Construction Counseling & Dispute Resolution and the Real Estate & Land Use practice groups. Mr. Ismay focuses on complex construction contracting and litigation as well as infill development. He received his B.S. (with honors) in 1993 from the United States Naval Academy, his M.A. in 1995 from The Queen’s College, Oxford University, where he was a Rhodes Scholar, and his J.D. in 2005 from the University of California, Berkeley, School of Law, where he was articles editor of the Ecology Law Quarterly. Mr. Ismay and his co-author Ms. Won would like to acknowledge the contributions of David F. Phillips to chapter 15.
BRIAN D. MABEE is an associate in the Riverside office of Best Best & Krieger LLP, where he is a member of the firm’s Environmental Law and Natural Resources Practice Group. Mr. Mabee specializes in land use and environmental litigation, including cases arising under the California Environmental Quality Act (CEQA). He received his B.A. in 1994 from Grinnell College and his J.D. in 2004 from the University of California, Davis, School of Law.
JUDY L. McKELVEY is a partner in the Los Angeles firm of Pollak, Vida & Fisher. Her primary practice focuses on administrative mandamus and public entity litigation, particularly in the areas of land use, inverse condemnation, mental health, and employment. Ms. McKelvey makes frequent presentations to public entity groups on governmental liability and mandamus issues. She received her B.A. (with honors) in 1980 from the University of California, Santa Cruz, her M.A. (with honors) in 1982 from the University of California, Berkeley, and her J.D. in 1991 from New York University School of Law.
JAMES C. NIELSEN is a cofounder of the firm Nielsen, Haley & Abbott LLP. He is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and frequently briefs and argues appeals and writs in both state and federal courts in cases involving commercial, tort, and insurance disputes. Mr. Nielsen’s practice also includes litigating insurance bad faith and coverage claims. He received his B.A. in 1980 from the University of California, Davis, and his J.D. in 1983 from the University of Virginia Law School.
T. PETER PIERCE is a shareholder in Richards, Watson & Gershon in Los Angeles, where he represents clients in cases involving land use and zoning issues, constitutional law, telecommunications law, inverse condemnation issues, and election law. Mr. Pierce is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization) and an adjunct professor at the University of Southern California Law School, where he teaches litigation. He is a member of the California State Bar Committee on Appellate Courts and has served as a volunteer in Los Angeles County’s Temporary Judge Program. Mr. Pierce received his A.B. in 1986 from Cornell University, his M.S. in 1987 from Syracuse University, and his J.D. in 1992 from Tulane University.
JUDITH E. POSNER is counsel in the Los Angeles office of Reed Smith LLP, where she focuses on civil appeals, writs, posttrial motions, and trial consultations, and is a member of the firm’s Appellate Practice Group. Ms. Posner also spent more than 5 years as a judicial attorney for the California Court of Appeal. She is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization), and in February 2006 was named a California Super Lawyer in appellate law. Ms. Posner received her B.A. (magna cum laude; Phi Beta Kappa) in 1990 from the University of California, Los Angeles, and her J.D. in 1993 from the University of California, Los Angeles, School of Law, where she was managing editor of the Women’s Law Journal.
JEREMY B. ROSEN is a partner in the law firm of Horvitz & Levy LLP, where he specializes in civil appeals. He has briefed numerous cases in the California Supreme Court, including cases involving the scope of the anti-SLAPP statute and the Unruh Act, the enforceability of arbitration clauses, the scope of the Single Publication Act and the right of publicity, the proper standard to evaluate church property disputes, and the application of the primary assumption of risk doctrine. Mr. Rosen has served as an adjunct professor at Pepperdine Law School and the Phillips Graduate Institute. He received his B.A. (magna cum laude; Phi Beta Kappa) in 1993 from Cornell University and his J.D. (magna cum laude; Order of the Coif) and LL.M. in 1997 from Duke University School of Law, where he served on the editorial board of the Duke Law Journal.
KELLY J. SAVAGE is an associate in the San Francisco office of Sedgwick, Detert, Moran & Arnold LLP. Specializing in complex civil and appellate litigation, Ms. Savage counsels and defends a wide variety of clients in the pharmaceutical, manufacturing, transportation, and computer industries. She is also a former state appellate court and federal district court law clerk. She frequently publishes articles on litigation matters. Ms. Savage received her B.A. (cum laude) in 1996 from Ohio State University and her J.D. (with honors) in 1999 from Ohio Northern University College of Law, where she served as an associate editor for the law review.
MARY-CHRISTINE (M.C.) SUNGAILA is a partner in the appellate law firm of Horvitz & Levy LLP, specializing in product liability and complex tort cases. She is a gender equality expert and has frequently written and lectured on women in the law and on gender equality issues. Ms. Sungaila has been named one of the Top 50 Female Southern California Super Lawyers and one of the Top 75 Women Litigators in California by the Daily Journal. She is chair of the Amicus Briefs Committee of the Women Lawyers Association of Los Angeles. She received her B.A. (with distinction and honors) in 1988 from Stanford University and her J.D. in 1991 from the University of California, Los Angeles, School of Law.
H. THOMAS WATSON is a partner in the law firm of Horvitz & Levy LLP, where he specializes in appellate law in the insurance and healthcare fields. He is the firm’s liaison to the California Medical Association’s amicus committee and is a frequent author of articles on insurance, healthcare, and punitive damage issues. Mr. Watson is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization). He received his B.S. (summa cum laude) in 1982 from the University of Idaho, his M.B.A. in 1988 from Pepperdine University, and his J.D. (Order of the Coif) in 1992 from the University of California, Los Angeles, School of Law.
GRACE K. WON is a partner in the law firm of Farella Braun + Martel LLP, specializing in complex business litigation disputes and securities litigation. She also works with media clients, advising them on issues of newsroom access. Ms. Won has filed numerous appeals and writs in state and federal appellate courts, and the Daily Journal has named her one of the Top 75 Women Litigators in California. She received her B.A. (cum laude) in 1989 from Harvard University, her M.A. in 1991 from University College London, and her J.D. in 1994 from Georgetown University Law Center. Ms. Won and her co-author Mr. Ismay would like to acknowledge the contributions of David F. Phillips to chapter 15.
ROBERT H. WRIGHT is a partner in the law firm of Horvitz & Levy LLP, where his practice focuses on civil appellate work. Mr. Wright has been lead appellate counsel in numerous cases involving a broad range of substantive legal areas, including sovereign immunity, insurance bad faith, products liability, and primary assumption of risk. He is a Certified Specialist in Appellate Law (State Bar of California Board of Legal Specialization). Mr. Wright received his B.A. in 1987 from the University of Virginia and his J.D. (magna cum laude; Order of the Coif) in 1991 from Indiana University School of Law (Bloomington), where he was notes editor for the Indiana Law Journal.
