After a lawsuit is brought to trial and a decision is rendered by a judge or jury, chances are one of the parties will not be satisfied with the outcome. The California Court System is set up in three levels—the Supreme Court, which is the trial court, the Courts of Appeal, and finally the Superior Court. The Courts of Appeal and Superior Court are courts of review and their only function is to look at trial rulings to determine if the law was followed and if there was any reversible error on the trial judge’s part.
Not every case can be appealed, and the process is complicated and challenging. The party bringing an appeal must show why they deserve to be heard, what the error or errors were, and the remedy they should receive. The reviewing courts begin with the assumption that there was no error and the trial ruling should stand. With this understanding, if you are considering an appeal, you need to be prepared for a difficult, uphill battle from the start.
Not all attorneys handle appeals and not all appellate attorneys are certified as Appellate Specialists. If you are considering appealing a trial ruling, you need experienced, qualified, and understanding attorneys who will achieve the best outcome possible.
The attorneys at Evans Kingsbury LLP specialize in appeals and writs in both the California state courts and federal Ninth District Court of Appeal. Noreen Evans has been certified by the State Bar as a specialist in civil writs and appeals. Together, Noreen and Deirdre Kingsbury bring decades of appellate experience to your case with a winning track record that speaks for itself.
Family law covers a broad range of legal issues from Premarital Agreements and Divorce, to Custody Issues and Property Settlements. Family legal matters can also include joyous occasions like adoptions and same-sex marriages; financial matters such as child support and spousal support; or dangerous situations involving child abuse, domestic abuse and stalking.
Any time family members are involved in legal cases, we understand our clients may experience a variety of emotions and stressors which can cloud decision-making abilities and create confusion, sadness, and financial distress. That’s where an experienced California family law attorney comes in.
The team at Evans Kingsbury has extensive family law experience in Sonoma County and we know how to navigate the trial and appellate systems. Very importantly, we also know there are times when negotiation and collaboration lead to the best possible resolutions for our family law clients. You might need someone to gently deflect the anger or aggression from the opposing side, or you might need a tough advocate in the courtroom who will fight for you and your children.
With a unique blend of compassion and killer instinct, Deirdre Kingsbury will tenaciously help you resolve your complex family law issues, allowing you the time and energy to devote to your family, your health, and your emotional stability. Our unique team brings personal experience to these matters and provides the top-notch legal support you need during this difficult time.
Bringing a lawsuit, or defending a suit brought against you, can be a scary, anxiety-inducing experience. Whether you are involved in a legal matter as an individual or as a business, you have legal rights. To protect your rights, you need an attorney who has brought and defended many cases, and who has established a solid reputation in the Sonoma County and surrounding area in Northern California.
At Evans Kingsbury LLP we are not afraid to take on complex matters, with sophisticated issues, against powerful opponents. We handle real property disputes, environmental challenges, breach of contract, trust disputes and more to achieve great results for our clients, against great odds and powerful interests.
In California, the majority of all cases settle before going to trial. So although courtroom abilities and trial advocacy is very important for a litigation attorney, private negotiation and creative resolution skills can be even more valuable. We pride ourselves in our ability to thoroughly prepare a case for trial while maintaining a civil relationship with our opponents in order to facilitate a fair settlement if possible.
Real Estate Property & Environmental Issues
Owning real estate is considered a cornerstone of the proverbial American Dream. Buying a first home, investing in a rental property, or acquiring a business location can involve complicated legal real estate issues. You might be facing a contested title or land encroachment dispute with a former owner or neighbor. Or you and your neighbors may need to challenge approval of a nearby development proposal on environmental grounds.
The team at Evans Kingsbury LLP has extensive experience dealing with real property disputes both simple and complex. We are not intimidated by large corporations, government agencies, or complicated facts. From challenges brought under the California Environmental Quality Act (CEQA) to partition actions, we can help you.
Real estate is a permanent asset with long-reaching legal implications. To protect your real property rights you need the experienced legal advice our team provides. Contact us to discuss your real estate concerns, big or small.
Noreen has worked with the California Environmental Quality Act (CEQA) and the Public Resources Code both as an attorney and as a public servant. She has written parts of CEQA, implemented CEQA as a public official, and enforced CEQA as an attorney. She recently won a significant victory on behalf of a grassroots neighborhood organization under CEQA on a writ petition in the Sonoma County Superior Court. She also recently wrote an amicus brief on behalf of an environmental advocacy group, which resulted in clarifying the proper standard of review on appeal.
Trusts & Estates Litigation
Even with the best financial planning, sometimes heirs and beneficiaries dispute the terms of a Will, Trust, or other estate planning documents. Usually, these disputes involve family members or close friends who are all suffering from the loss of their loved one at the same time.
Noreen Evans and Deirdre Kingsbury have represented trustees, beneficiaries, and even attorneys in probate cases at both the trial and appellate levels. Attorney Evans has worked closely with California’s Elder Abuse Act, first when she was a legislator and now as a private attorney. Deirdre Kingsbury was also the successful appellate attorney in one of the leading California cases in Elder Financial Abuse. Protecting the desires of our senior citizens is an important mission at Evans Kingsbury LLP.