Alana H Rotter

Practice Areas

Alana Rotter is a go-to lawyer for appeals and writ petitions in California and the Ninth Circuit. Clients and trial lawyers seek her out for her clear writing, thorough research, and efficiency. Her substantive experience includes breach-of-contract contract claims (including profit participation contracts), trust and probate disputes, employer and homeowners’ association defense, and issues facing public entities.

Alana helps clients—both plaintiffs and defendants—defend victories and reverse adverse rulings in the California appellate courts and the Ninth Circuit. She excels at developing new legal arguments, drafting incisive briefs and writ petitions that resonate with appellate judges, and honing drafts prepared by trial counsel. Clients also hire Alana to provide guidance in the trial court, where she assists with dispositive motions and issue preservation. Such early interventions by a leading appellate lawyer can be critical to appellate success, and Alana is adept at working hand-in-hand with trial counsel.

Alana is certified as an Appellate Specialist by the State Bar of California, and is a member of the California Academy of Appellate Lawyers. She has an insider perspective on the appellate system, having clerked for Judge Kermit Lipez of the United States Court of Appeals for the First Circuit. She received her law degree from Yale Law School, where she was an editor of the Yale Law Journal.

Career

Judicial Law Clerk for Hon. Kermit V. Lipez (U.S. Court of Appeals for the First Circuit) (2004-2005)

Irell & Manella (2005-2007)

Professional Memberships

Chair of the Los Angeles County Bar Association State Appellate Judicial Evaluation Committee; California Academy of Appellate Lawyers

Publications

Is Your Anti-SLAPP Ruling Appealable? An Overview of California and Ninth Circuit Rules, ABTL Report (Fall 2022)

Hitting the Pause Button: Stays Pending Appeal, ABTL Report (Summer 2021)

Counting the minutes… Calculating the deadline for requesting a statement of decision, Daily Journal (June 10, 2019)

The Limits Of Juror Affidavits In California, Law360 (Mar. 4, 2019)

The Appeal Killers –Avoiding the Traps That Can Doom Your Appeal Before It Begins, IMLA Municipal Lawyer (Mar. 2, 2019)

Should You Seek Writ Review? California and Federal Standards for Granting Mandamus Relief, ABTL Report (Winter 2019)

Tips of the Trade – Using the Statement of Decision To Maximize Your Chances of Winning a Trust or Probate Appeal, California Trusts and Estates Quarterly (2018)

First high court ruling considers appeals deadlines, Daily Journal (Nov. 13, 2017)

Anti-SLAPP in the probate world, Daily Journal (Oct. 26, 2017)

Trying to Create an Appealable Judgment? Tread Carefully!, ABTL Report (co-author) (Spring 2017)

What Defense Counsel Should Know About California and Federal Anti-SLAPP Appeals, Verdict Magazine (Spring 2017)

Tips: critical new trial motion deadlines, Daily Journal (co-author) (Feb. 28, 2017)

Discovery sanctions appeals can be tricky business, Daily Journal (Nov. 30, 2016)

No Reporter’s Transcript? Here’s What It Means For Your Appeal, Verdict Magazine (2016)

Timing is everything in court, Daily Journal (Jan. 16, 2016)

One bite of the apple, Daily Journal (July 28, 2015)

Lessons from appeals of nonappealable “judgments,” Daily Journal (Mar. 26, 2015)

Maximize the impact of amicus support, Daily Journal (Sept. 12, 2014)

Ruling provides guidance on notices of appeal, Daily Journal (April 19, 2014)

Protecting Attorney Disqualification Orders from Reversal, Verdict Magazine (Volume 3, 2013)

Creating an appealable judgment, Daily Journal (Dec. 13, 2013)

Appeals, writs and summary judgment, Daily Journal (Oct. 23, 2013)

How appellate court review attorney disqualifications, Daily Journal (July 10, 2013)

Case highlights importance of timely post-trial motions, Daily Journal (June 11, 2013)

9th Circuit judges call for an end to anti-SLAPP in federal court, Daily Journal (May 10, 2013)

9th Circuit clarifies anti-SLAPP motion appeal rules, Daily Journal (Feb. 7, 2013)

2nd Guessing Good Faith Settlement Determinations, Law360 (June 21, 2012)

Getting Appellate Review of a Good Faith Settlement Determination, Verdict Magazine (Volume 3, 2012)

Power to disagree: The authority of lower courts in new trial motions, Daily Journal (Sept. 14, 2011)

Obtaining and Challenging Appellate Cost Awards, Daily Journal (April 15, 2011)

Appealability of Anti-SLAPP Orders in California and the 9th Circuit, Daily Journal (Feb. 15, 2011)

Have You Filed Your Appeal on Time?, Daily Journal (Jan. 9, 2011)

Circuit Split on Free Speech and Drug Prescription Data, Daily Journal (Dec. 17, 2010)

Tipping the Scales, Daily Journal (July 29, 2009)

A Melting Pot of Rulings, Daily Journal (Jan. 30, 2009)

Proceed with Caution: Pitfalls in Preparing Jury Instructions, “Appellate Tips for Trial Lawyers” (a newsletter of the Los Angeles County Bar Association) (Sept. 2008)

What a Relief?, Daily Journal (May 13, 2008)

Trial: Technology in the Courtroom, “Appellate Tips for Trial Lawyers” (a newsletter of the Los Angeles County Bar Association) (April 2008)

Playbook Disqualification, Daily Journal (Aug. 6, 2007)

Appellate Law: Getting to the Substance (co-author), Daily Journal (Nov. 9, 2006)

10th Circuit at Center of Splits on Anti-Discrimination Laws (co-author), Daily Journal (Sept. 9, 2006)

3rd Circuit Splits From Other Courts on Fair Opportunity Doctrine (co-author), Daily Journal (July 24, 2006)

Circuit Splits Affect Conflicts of Authority (co-author), Daily Journal (June 14, 2006)

Splits Involve Issues Affecting Business, Government, Workers (co-author), Daily Journal (May 18, 2006)

When Private Enterprise Hits Public Agencies, Splits Arise (co-author), Daily Journal (April 13, 2006)

Work Highlights

Orcutt v. Pelletier, et al. (9th Cir. May 31, 2023, No. 22-55494) 2023 WL 3735584 [mem. disp.] - GMSR wins Ninth Circuit affirmance of order dismissing evidence fabrication claims against police officers.

JPV I, L.P. v. Koetting (2023) 304 Cal.App.5th 550 - Court of Appeal reverses denial of alter ego motion.

Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828 - GMSR secures reinstatement of client’s fraudulent inducement claims.

Foxcroft Productions, Inc. v. Universal City Studios, LLC (2022) 76 Cal.App.5th 1119 - On behalf of Columbo creators, GMSR persuaded the Court of Appeal to reinstate a fraud claim and keep alive a breach of contract claim involving Universal Studios’ failure to pay tens of millions in royalties.

Ferra v. Gilmore (Aug. 20, 2021, B303592) 2021 WL 3700420 [nonpublished opinion] - The Court of Appeal reinstated GMSR’s client’s claims seeking return of $1.6 million.

Quincy Jones v. MJJ Productions, Inc. (May 5, 2020, B285986) 2020 WL 2140759 [nonpublished opinion] - The Court of Appeal reversed adverse jury verdict in dispute between Quincy Jones and MJJ Productions, reducing the judgment by $6.8 million.

Estate of Jackson (May 16, 2019, B282375) 2019 WL 2136114 [nonpublished opinion] - The Court of Appeal rejected the claim that Michael Jackson gave away 15% of his business at a middle-of-the-night meeting.

Pacific Western Bank v. Far Out Productions, Inc. v. Audio Visual Entertainment, Inc. (Dec. 31, 2018, B278076, B278122) 2018 WL 6839451 [nonpublished opinion] - The Court of Appeal affirmed summary judgment entitling bank to collect on defaulted loans.

Wind Dancer Production Group v. Walt Disney Pictures (2017) 10 Cal.App.5th 56 - The Court of Appeal revived profit participation claims by television show creators and producers.

Breeden v. Superior Court (Oct. 10, 2014, E061553) 2014 WL 5090571 [nonpublished opinion] - Reversed erroneous denials of summary judgment.

Celador Internat., Inc. v. American Broadcasting Cos., Inc. (9th Cir. 2012) 499 Fed.Appx. 721 - Protected $269 million damages award.

Education