Appeals
A Skilled Appeals Attorney for Santa Cruz & Monterey Counties
An appeal is not a second trial-it's a specialized legal process focused on identifying and correcting errors made by the trial court. Whether you're seeking to overturn an unfavorable judgment or defend a victory, you need a Santa Cruz appeals attorney who understands the distinct rules, deadlines, and strategies of appellate practice.
James C. Eschen has handled more than 50 appeals over the past 15 years, representing clients in both California's Courts of Appeal and federal appellate courts. His approach combines deep legal research, precise writing, and a clear understanding of what persuades appellate judges. From Santa Cruz to Monterey, our firm helps clients navigate this complex process with honesty, skill, and strategic focus.
Comprehensive Appellate Services for Civil & Criminal Cases
We represent individuals, businesses, and trial attorneys in a full range of appellate matters. Our appellate services include:
Civil Appeals →
Handling appeals in business litigation, real estate disputes, probate matters, personal injury verdicts, and more. We work to reverse legal errors or protect trial wins.
Criminal Appeals →
Challenging wrongful convictions or unjust sentences by identifying trial errors, constitutional violations, or improper rulings.
Appellate Co-Counsel & Brief Writing →
Partnering with trial lawyers who need appellate support. We can lead the appeal or contribute research, strategy, and persuasive briefs.
Writs & Interim Appeals →
Filing urgent writ petitions or interlocutory appeals when immediate relief is needed before a case concludes.
Why Appeals Require a Different Approach
Unlike trials, appeals are decided on the existing record-no new witnesses or evidence are allowed. The focus is on whether the trial court made a legal error that affected the outcome. Success requires:
- Thorough record review - analyzing transcripts, exhibits, and rulings for potential errors.
- Precise legal research - finding relevant statutes and case law that support your position.
- Compelling writing - presenting arguments clearly so judges can follow your reasoning.
James's decades of litigation experience, paired with his meticulous research skills, allow him to identify strong issues for appeal that others might overlook.
Timing Matters in Appeals
California's deadlines for filing an appeal are strict-often just 60 days from the date judgment is entered in state court. Missing that window can end your right to appeal. We act quickly to:
- Review trial court records
- Assess the merits of your case
- Advise you honestly on the likelihood of success
Appeals Across a Range of Cases
James has handled appeals involving:
- Real property disputes
- Business litigation
- Probate and estate matters
- Family law
- Criminal defense matters
- Personal injury verdicts
- Defamation cases
This breadth of experience means we can adapt to nearly any appellate issue-civil or criminal-arising in Santa Cruz, Monterey, or beyond.
Answers to Common Appeals Questions
Can I present new evidence on appeal?
No. Appeals are limited to the evidence and testimony presented at trial. The appellate court reviews for legal errors, not new facts.
How long does an appeal take?
Most California appeals take 1-2 years, depending on briefing schedules and court backlogs.
What happens if we win the appeal?
The appellate court may reverse or modify the judgment, send the case back for a new trial, or issue a new ruling.
What are the chances of success?
It depends on the strength of the legal issues. We provide an honest assessment before proceeding.
Your Next Step in the Appeals Process
Appeals are high-stakes, rule-driven, and often complex. Whether you're challenging a trial result or defending a favorable outcome, our firm offers the skills and experience you need.
55 River Street, Suite 100, Santa Cruz, CA