Robert A. Roth

Counsel
E-mail: robert.roth@calapplaw.com
Phone: (415) 649-6700 ext. 4

With over 30 years’ experience as an appellate practitioner and more than 25 published appellate opinions that bear his name, Robert A. Roth is widely regarded as one of the leading family law appellate specialists in California.

Rob was one of the first attorneys in California certified as an appellate specialist by the State Bar, and he has remained a certified appellate specialist for more than two decades. In addition to family law appeals, Rob has substantial experience handling probate, real property, business transaction, tort insurance, admiralty, and State Bar appeals.

Rob frequently gives CLE presentations on appellate issues, and writes articles on matters related to appellate practice and family law. He also has extensive experience as an appellate mediator.

Rob is a Martindale Hubbell AV rated attorney and has been selected as a SuperLawyer in Northern California. He graduated from DePaul University, College of the Law, in Chicago, where he served on the Law Review.

In recent years, Rob has won several victories in the California Supreme Court:

Reversing Court of Appeal determination of marital community interest in CalPERS military service retirement credits. In re Marriage of Green (2013) 56 Cal.4th 1130.

Reversing trial court and Court of Appeal apportionment of community property interest in spouse’s CalPERS retirement accounts. In re Marriage of Sonne (2010) 48 Cal.4th 118.

As well as the California Court of Appeal:

Prevailed against Husband’s writ petition challenging the trial court’s denial of a domestic violence restraining order against Wife. Restraining order request was based largely on Wife’s spontaneous reaction after learning that Husband had continued an affair he had told her was over. Fischer v. Superior Court (9/6/16) No. A148551.

Obtained reversal of a spousal support order by arguing that the trial court erred in its treatment of ‘transition loans’ granted to Husband as an incentive to relocate his stock brokerage practice. An attorney fee award was reversed as well, as it was infected by the erroneous spousal support analysis. In re Marriage of Shepherd (4/21/16) No. H039876.

Successfully defended child custody order against Wife’s claim that Husband’s a no contest plea to vandalism, for damage to property in the family home during marriage, triggered the statutory presumption against joint custody to ‘perpetrators of domestic violence.’ In re Marriage of Solari (12/23/15) No. A139492.

Representing independent counsel for an $80 million conservatorship estate, obtained dismissal of appeal from order denying request for access to confidential records. Dorcy v. Fund for Nonviolence (3/30/15) No. A140929.

Affirming calculation of amounts due under charging order, and obtaining sanctions of $15,000 against opposing party and $6,000 against opposing counsel for frivolous appeal. In re Marriage of Gong & Kwong (2008) 163 Cal.App.4th 510.