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John Toby Schreiber
Certified Specialist in Appellate Law, State Bar of Calif. Bd. of Specialization
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Biography
I assist clients and/or their trial counsel in California's appellate courts, the 9th Circuit Court of Appeals, and the United States Supreme Court. I am a Certified Specialist in Appellate Law, State Bar of California Board of Legal Specialization. I am one of about 300 certified specialists in this practice area in the State of California.
Recent statistics published by California's Judicial Council show that civil appeals are reversed about 17% of the time. When I represent an appellant, over the course of almost 30 years of handling civil appeals my reversal rate is over 3 times that.
For almost 30 years, and from March 1993 to the present exclusively, I have handled civil appeals in a wide variety of issues, including administrative, business, real estate, family law, personal injury, probate, and procedural issues. I also help clients and trial counsel preserve or create a record on appeal by appropriate pre- or post-trial motions. In addition to California's state appellate courts, I am also admitted to the 9th Circuit Court of Appeals and the United States Supreme Court.
Education
- Santa Clara University School of Law
- J.D. (1986)
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- Honors: Associate Editor, Santa Clara Law Review Law Review Comment published, 26 Santa Clara Law Rev. 643 (1986)
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- Brandeis University
- B.A | Politics
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- Honors: Cum Laude, Politics
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Professional Experience
- Attorney at Law
- Law Offices of John T. Schreiber
- - Current
Publications
Articles & Publications
- The Doctrine of Implied What? From the Memorandum of Intended Decision to the Statement of Decision and Appeal
- Contra Costa Lawyer
- "Traps for the Unwary: The Process from Tentative Decision to Notice of Appeal in Court Trials"
- THE VERDICT, a publication of the Alameda-Contra Costa Trial Lawyers' Association
- "Standards of Review: The Lens through which to Evaluate and Argue any Appeal"
- THE VERDICT, a publication of the Alameda-Contra Costa Trial Lawyers' Association, Summer 2012
- "Preserving Appellate Review of Trial Court Exclusion of Evidence"
- THE VERDICT, a publication of the Alameda-Contra Costa Trial Lawyers' Association
Speaking Engagements
- "Puttin' on the Writs", Concord, CA
- Contra Costa County Bar Association Appellate Section
- Maximizing the chances of success of a writ in California's appellate courts-Moderated panel with retired 1st District Court of Appeal Justice Ignazio Ruvolo, former First District Court of Appeal writ attorney, currently with California Appellate Law Group, and litigator Crystal Van Der Putten of Livingston Law Group.
- “Tales from the Appellate Bench”, State Bar Convention, Monterey, CA
- State Bar of California
- Moderated a panel with Presiding Justice Scotland of the Third District Court of Appeal, Justice Zelon of the Second District Court of Appeal, and Richard McAdams of the Sixth District Court of Appeal on what appellate courts look for and dangers in the appellate process, from preserving the record through oral argument
- “Timeline between Verdict or Intended Decision and Notice of Appeal”, Pleasanton, CA
- Eastern Alameda County Bar Association
- Discussed the procedural requirements and traps involved in the preservation of issues for appeal and deadlines for filing post-trial motions and deadlines for filing notice of appeal.
Certifications
- Certified Specialist in Appellate Law
- State Bar of California Board of Legal Specialization
Awards
- Northern California Super Lawyer
- Thomson West
- Northern California Super Lawyer
- Thomson West
- Northern California Super Lawyer
- Thomson West
- Northern California Super Lawyer
- Thomson West
- Northern California Super Lawyer
- Thomson West
- Peer-evaluated recognition given to top 5% of attorneys in named region.
Professional Associations
- ACCTLA Board of Governors
- Member
- - Current
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- California State Bar # 131947
- Member
- - Current
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- State Bar of California Committee on Appellate Courts
- Member of Committee
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- Contra Costa County Bar Association
- Appellate Section Leader
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- Activities: Program Director, Appellate Section 1993-1995, President, Appellate Section, 1995-1996, 2000-2003, Director, 2003 to 2010; member, Membership, Educational Committee, 1995-2003.
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Jurisdictions Admitted to Practice
- California
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- 9th Circuit
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- U.S. Supreme Court
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- United States District Court, Central District of California
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- United States District Court, Eastern District of California
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- United States District Court, Northern District of California
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Fees
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Credit Cards Accepted
Visa, Mastercard, and American Express -
Contingent Fees
I will only accept contingent fees if I represent the respondent on appeal and the appellant has posted a sufficient bond to stay the judgment (usually 1.5 times the amount of the judgment). In that instance I would be willing to accept my fee from payment from satisfaction of the judgment, either directly from the Appellant or from payment on the bond. -
Rates, Retainers and Additional Information
PayPal, Zelle, and Venmo are additional options.
Practice Area
- Appeals & Appellate
- Civil Appeals, Federal Appeals
Legal Answers
- Q. .” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case (1975)
- A: The California Supreme Court affirmed the trial court award of damages in plaintiff's favor. The appellant parent company of an LA radio station held an on-air contest as to who could find one of the station's djs, in which 2 teenage listeners drove so quickly through traffic they caused an accident, injuring the plaintiff.
On appeal RKO argued that it owed no duty to the plaintiff. The Supreme Court held that while duty is a question of law, one of the factors in determining duty is forseeability, and that forseeability is a question of fact, and that the record contained substantial evidence of forseeability. The Court held that it was forseeable that contest like this during ... Read More
- Q. 1 gets judgment against 2 and 3, who both appeal. 2’s appeal dismissed, 3's successful. Is 2 subject to judgment still?
- A: There are too many variables missing in this question to give a definitive answer. In the abstract it would appear that yes, 2 is still subject to the judgment, but this question is more complicated than that. There are a bunch of unanswered questions here: on what basis was 3's appeal successful? Did the reason apply to both 2 and 3 or were the reasons for reversal for 3 unique to 3's appeal? Were 2 and 3 were found liable at trial for the same cause of action or different causes of action? Were any damages awarded against 2 and 3 for the same damages or different damages? Were the damages awarded were joint and several against 2 and 3, meaning that 1 can collect for all of ... Read More
- Q. Should a petition for Writ filed in court appeals be different from one filed superior
- A: Actually, trial court orders denying a petition for writ of mandamus are usually appealable and begin by filing a notice of appeal in the trial court within 60 days of notice of the entry of that order. There are exceptions to that rule, such as proceedings brought under the Public Records Act, and under Business & Professions Code section 2337, which limits appellate review of a trial court decision revoking, restricting, or suspending a license, to petitions for writ of mandate, prohibition, or other extraordinary relief.
If your case falls within one of the exceptions to the rule of appealability and a writ petition is necessary to file in the appellate court, then yes, the petition ... Read More
Social Media
Websites & Blogs
- Website
- www.schreiberappeals.com
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