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Appeals

I handle appeals in all courts. An important win on appeal was in a Bankruptcy Appellate Panel Case with the decision entered on August 25, 2014. The BAP overturned a summary judgment entered by United States Bankruptcy Court Judge Robin Riblet against my client in a $660,511.85 matter and awarded my client her costs on appeal. This win changed my client’s life. Cristie Tolotti, Appellant v. Seaboard Produce Distributors, Inc. BAP No. CC-14-1019-TaPaKi

Another appeal that I won in 2018 saved my client more than $100,000 in legal fees. In the Court of Appeal of the State of California, Second Appellate District, Division Five in the case of Abdul Moladina vs. Soheil Naimi, Case No. B261689, the Court of Appeal reversed the trial court’s award of attorney’s fees against my client and found that “There is no basis for an award of attorney fees in this case. We modify the judgment by reversing the award of attorney fees.”

I have been handling and winning appeals for many years. In a reported case, Baker v. Boxx (1991), Cal App. 3d 1303, [277 Cal. Rptr. 409], I took over a case that had been dismissed. On appeal, I won a reversal of the dismissal against attorney Charles M. Berg and his law firm Berg & Allen, Inc. I went on to obtain and collect a multi-million-dollar judgment for more than 100 former clients of Charles Berg and Berg & Allen, Inc. Charles Berg resigned from the bar and moved to Canada.

I personally argue all appeals that the firm handles. I am currently handling appeals in the Bankruptcy Appellate Panel, the United States District Court, the Ninth Circuit Court of Appeals, and several districts of the California Court of Appeals. My next oral argument on appeal is scheduled for December 9, 2019 in the Ninth Circuit Court of Appeals in the Christopher P. Epsha v.The People of The State of California Case No. 18-56108.

To contact me by email click here.

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MICHAEL JAY BERGER

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