The California Appellate Law Podcast
An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.
The California Appellate Law Podcast
The AI-Work Product Split, & Deadbeat-Dad Deals=Unenforceable
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Tim Kowal & Jeff Lewis
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Three paradoxes feature in this episode:
Paradox 1: You must disclose a bankruptcy stay to the Court of Appeal. What about a bankruptcy that does not create a stay?
Answer: Yes, the disclose-bk-stay rule also means disclose a bk non-stay.
Paradox 2: Deadbeat dad owes $500k. He settles and agrees to pay $250k. How much does he owe?
Answer: Still $500k.
Paradox 3: District court 1 rules AI work product is protected because, among other things, no court has ruled otherwise.
District court 2 then rules otherwise.
Key points:
- Local rules mean what they say: The First District's Local Rule 21 requires "prompt" notice of any bankruptcy that could cause a stay—not just bankruptcies you've confirmed do trigger one. Counsel must explain whether the stay applies, not decide unilaterally that it doesn't and stay silent.
- No stay for debtor-initiated lawsuits: The automatic bankruptcy stay under 11 U.S.C. § 362(a)(1) does not apply to actions brought by the debtor itself. Debtors need to marshal assets through litigation; they don't need protection from their own lawsuits.
- Counsel pled ignorance of Local Rule 21 and reliance on "faulty advice" from bankruptcy counsel—neither excuse worked.
- Courts view violations of notice requirements as a waste of limited judicial time, particularly when discovery occurs days before oral argument.
- Even without sanctions, the published admonishment serves as a lasting professional rebuke.
- The broader ethical duty: appellate lawyers must notify courts of any occurrence that could cause the court to lose or question its jurisdiction.
Introduction to Legal Insights
Understanding the Original Superior Court File
Bankruptcy Stays and Local Rules
Discovery Non-Production and Irregularities
Child Support Compromise and Legal Obligations
AI Work Product and Legal Protections