Hanson Bridgett Appellate Group Claims Four Appellate Victories in the First District Court of Appeal

April 3, 2024 (San Francisco, CA) – The Hanson Bridgett Appellate Practice Group wrapped the first quarter of 2024 having secured four significant victories in the California First District Court of Appeal in a matter of weeks.

"This string of favorable opinions, including two within the same week, is representative of an outstanding start to the year and speaks to our Appellate team's ability to strategize and effectively balance multiple cases concurrently," said partner Patrick Burns. "Each case presented its challenges and the wins are the result of a deep bench of attorneys and staff, intense preparation across varied practice areas, and a diverse range of legal skillsets."

The following appellate outcomes in favor of Hanson Bridgett's clients were the result of highly-contested oral arguments, innovative strategies, and a series of successful demurrers.

Breakdown of the Cases

1) Green Tree Headlands LLC v. Crawford
A Hanson Bridgett appellate team represented a trustee in an appeal from the trial court’s denial of the trustee’s anti-SLAPP motion filed in response to a malicious prosecution action arising from a quiet title action. The plaintiff brought the malicious prosecution action alleging the trustee and her attorney lacked probable cause to pursue the quiet title action and acted with malice in doing so. The Hanson Bridgett team defended the trustee, arguing that the trial court erred in denying the anti-SLAPP motion because the trustee clearly had probable cause to pursue the prior action. In a published opinion, the First District reversed the trial court’s order denying the anti-SLAPP motion, ordering the anti-SLAPP motion to be granted, thus enabling the trustee to recover attorney fees as the prevailing party on the motion.

The Hanson Bridgett team included Gary A. Watt, Patrick Burns, Batya Forsyth, and Shandyn Pierce.

2) Garaventa v. Binswanger
A Hanson Bridgett team successfully represented a family (wife, husband, and son) who was sued by the wife’s brother. In related litigation involving a dispute over the family business and trust, the plaintiff alleged RICO conspiracy claims, aiding and abetting breach of fiduciary duty, and intentional infliction of emotional distress (IIED). In the IIED claim, the plaintiff alleged the family sent a letter to him implicitly threatening to kill him.

The Appellate team was successful on four demurrers in the trial court and the plaintiff then appealed. The court ruled in favor of the family of all claims. The court affirmed the trial court’s demurrer as to the three causes of action and rejected the plaintiff’s numerous procedural arguments.

The Hanson Bridgett team included partners Batya Forsyth, Patrick Burns, and Dan Spector; and associate Shandyn Pierce.

3) Colvis v. Garaventa
A separate matter involved one of the clients from Garaventa v. Binswanger and a probate litigation she faced in her capacity as Trustee of the family trust. After the client’s mother died, she was appointed Trustee and a dispute between her and her siblings erupted over how to manage the family business.

In the probate court, the client’s sister brought a petition seeking many different types of relief: requests for information, disclosure of attorney invoices for counsel, a review of the trustee fees the client retained for herself, and an order asking the court to forbid the firm's client from using trust funds to pay for counsel. Upon the client prevailing, the sister appealed and a Hanson Bridgett team was engaged to handle the appeal.

The Hanson Bridgett team received a tentative order which affirmed and reversed parts of the original order. It concluded there should be a reversal and remand on the issue of whether the firm's client could use trust funds to pay for counsel.

Ultimately, the court reversed the tentative order's conclusion that had gone against the firm's client regarding the attorney fees and affirmed the trial court’s ruling on the issue. The final opinion affirmed Hanson Bridgett's oral argument and concluded that there were no grounds to prohibit the firm's client from using trust funds to pay attorney fees.

The Hanson Bridgett team included partners Batya Forsyth, Patrick Burns, and Dan Spector; and associates Breana Burgos, Shandyn Pierce, and Nicholas Yang.

4) Denney v. Wright
A Hanson Bridgett pro bono team, along with our pro bono partner, Family Violence Appellate Project (FVAP), represented a 70-year-old three-time cancer survivor who was abused by a man who frequently visited a neighbor in her apartment building. After our client reported the man for smoking, he engaged in a years-long pattern of abuse and violent threats. These included threatening to break her fingers, yelling aggressively at her door, chasing her with a screwdriver and threatening to stab her with it, leaving urine and feces in her car, and more. The abuse was so bad that our client lost sleep and suffered from anxiety and stress.

Appearing pro se, our client obtained an Elder Abuse Restraining Order from the trial court, but it expired after a year. She sought to renew it, but a different judge denied her renewal request, reasoning that there was no proof the man continued to abuse her. She appealed the denial of the renewal request, and a Hanson Bridgett team represented her in the appeal.

The court issued an opinion that reversed the trial court decision, concluding that the trial court erroneously required our client to present evidence of further abuse and a violation of the restraining order. The opinion marks the first instance within the First District to hold that type of error in the context of an Elder Abuse Restraining Order.

The Hanson Bridgett Team included partners Patrick Burns and Samir Abdelnour; and associates Shandyn Pierce, Kaden Sundberg, and Mina Turan.

About Hanson Bridgett’s Appellate Practice Group

Spearheaded by Gary Watt, a Certified Appellate Specialist by the California State Bar, Hanson Bridgett's Appellate Practice Group has extensive experience and a depth of diverse talent to navigate the most challenging appellate issues. Their record of achievement spans the United States Court of Appeals for the Ninth Circuit, the California Supreme Court, and all divisions of the California Courts of Appeal. The team's success extends beyond state lines, having masterfully litigated appeals in federal and state courts outside California. The team has adeptly managed petitions for certiorari to the Supreme Court of the United States, petitions for review to the California Supreme Court, rehearing petitions, as well as mandamus relief and other emergent and interlocutory relief.

About Hanson Bridgett

Hanson Bridgett LLP is a full-service AmLaw 200 law firm with more than 200 attorneys across California. Creating a diverse workforce by fostering an atmosphere of belonging and intentional support has been a priority at Hanson Bridgett since its founding in 1958. We are dedicated to creating an environment that provides opportunities for people with varied backgrounds, both for attorneys and administrative professionals. As the first law firm recognized as a certified B Corp, we are committed to the communities where our employees live and work and consider it part of our professional obligation to serve justice by encouraging and supporting pro bono and social impact work.