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October, 2016: Herb co-presented a panel discussion on managing a solo appellate law practice at the California State Bar's Annual Meeting in San Diego.
November, 2016: Herb led a presentation on Ethics in Appellate Law for the Appellate Courts Section of the Los Angeles County Bar Association
December, 2016: Herb's article about notice of entry of judgments and orders appeared in The Advocate, the monthly magazine of the Consumer Attorneys Association of Los Angeles. To view the article, visit his wordpress site.
March, 2017 Herb co-presented a talk on Probate Appeals for the Appellate Courts Section of the Los Angeles County Bar Association.
Herb Fox Wins Four Published Appellate Victories in a Row
Since 2014, Herb has garnered 4 new published opinions, for a career total of 16 published opinions. The Court of Appeal only publishes those cases that present new and important issues of law, and these cases become binding on all trial courts throughout California. The Court of Appeal publishes less than 10% of all cases it decides.
In an important victory for personal injury plaintiffs, the Court of Appeal held that California’s strict limitations on medical malpractice cases (called “MICRA”) do not apply to persons who are injured by the negligent operation of an ambulance who are not patients. The Court found that the paramedic’s duty was one “owed to the general public by virtue of being a driver and not one that he owed to a patient by virtue of being a paramedic.” Herb represented the injured party, whose case has been reinstated and will return to the Superior Court for trial. The case is Aldana v. Stillwagon, --- Cal.App.4th ---, decided on August 3, 2016.
In a family law case concerning the jurisdictional requirements for filing interstate child custody proceedings in California, the Court of Appeal reversed an order finding that jurisdiction lies in Florida, and returned the custody case to California for further proceedings here. Herb successfully represented the father, a California resident. The case is Schneer v. Lluarado, published at 242 Cal. App.4th 1276, decided on December 9, 2014.
In a case clarifying the meaning of common interrogatory questions used in civil litigation, the Court of Appeal reversed an order limiting a plaintiff’s right to call witnesses at trial. Herb represented the successful petitioner, who is now entitled to a fair trial on the merits. The case is Mitchell v. Superior Court, published at 243 Cal.App.4th 269, decided on December 4, 2015.
In a family law case concerning the interpretation of a marital settlement agreement that set forth terms for payment of college expenses after the children turn 18, the Court of Appeal reversed the trial court’s order requiring mother to pay those expenses despite a dramatic change in circumstances. Herb successfully represent the mother. The case is In re Marriage of Rosenfeld and Gross, published at 225 Cal.App.4th 478, decided on April 11, 2014ph here.
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