Herb Fox

E-mail: herb.fox@calapplaw.com
Phone: (415) 649-6700 ext. 17

Herb Fox is a certified appellate law specialist with more than 30 years of experience. Drawing on his pre-law school journalism background, Herb cut his appellate teeth serving for three years as a Research Attorney for the Hon. Justice Arthur Gilbert of the California Court of Appeal’s Second District.

Since leaving the court for private practice in 1990, Herb has served as attorney of record in more than 250 appeals and writs throughout the State and in the 9th Circuit — including two at the California Supreme Court — and has consulted on appellate issues in hundreds of other matters. His clients have included judges, attorneys, and elected officials who sought his counsel on their personal legal/appellate matters.

Herb handles a broad range of appeals and writs, including those arising out of family, probate, trust and business ligation; anti-SLAPP orders; arbitration orders; personal injury and other torts; class actions; and environmental, eminent domain, and land-use litigation. His appellate efforts have resulted in 18 published opinions.

Some of Herb’s recent appellate successes include:

Successfully defended a judgment finding that the act of closing public access to a beach that had long been held open to the public was a “development” that required a permit from the California Coastal Commission. Surfrider Foundation v. Martins Beach 1, LLC (2017) 14 Cal.App.5th 231

Successfully defended a $1.5 million judgment against a public school district for its failure to supervise a teacher who molested two young students on an elementary school campus. Doe v. Sacramento City Unified School District (7/24/17) No. C071730 (unpublished decision)

Successfully reversed an award of attorney’s fees and costs against his clients, where the trial court erroneously construed an indemnity clause in a stock Subscription Agreement that concerned potential violations of securities laws to be an attorney’s fee clause that was enforceable pursuant to Civil Code §1717. Sterling v. Montgomery (7/25/17) No. B267038 (unpublished decision)

Successfully prosecuted a writ petition challenging a trial court order excluding a party’s damages witnesses for failing to disclose them in responses to certain discovery. Mitchell v. Superior Court (2015) 243 Cal.App.4th 269

Successfully challenged an order quashing a challenge to California jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), in a published opinion that established the proper appellate standard of review of such orders. Schneer v. Llaurado (2015) 242 Cal.App.4th 1276

In another matter of first impression, reversed a family law trial court order finding that the court had no jurisdiction to modify a stipulated judgment providing for support of an adult child. Marriage of Rosenfeld and Gross (2014) 225 Cal.App.4th 478

Herb frequently gives MCLE presentations on appellate law to attorneys around the state. His articles on appellate law have appeared in the Daily Journal, The Advocate (Consumer Attorneys of Southern California), Valley Lawyer (San Fernando Bar Association); and Santa Barbara Lawyer. He is a former Director of the Santa Barbara County Bar Association and a former officer of the Appellate Courts Section of the Los Angeles County Bar Association. Herb is currently an appointed member of the Committee on Appellate Courts of the Litigation Section of the California State Bar.