Kendra J. Hall

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Services & Specializations

Appellate Law Services
Certified Appellate Specialist

Admissions

California;
US Court of Appeals, 10th Circuit;
US Court of Appeals, 2nd Circuit;
US Court of Appeals, 5th Circuit;
US Court of Appeals, 9th Circuit;
US Court of Appeals, Federal Circuit;
US Supreme Court

Address

525 B Street, Suite 2200, San Diego, CA 92101

Office Tel.

619.525.3836

Fax

619.398.0136

Overview

Kendra is a Certified Appellate Specialist whose practice is devoted exclusively to handling civil appeals and writs in the California federal and state courts of appeal. After starting her career as a litigator at a fast-paced litigation boutique, Kendra quickly gained experience handling every aspect of a lawsuit, including serving as lead counsel in several jury trials. This experience provided Kendra the needed foundation for handling the wide-variety of procedural and substantive issues that arise on appeal and understanding the challenges litigators and their clients face in the trial court.

During Kendra’s 30-plus years of practice she has served as lead counsel in well over 200 civil and writ proceedings involving a wide variety of procedural and substantive issues resulting in more than a dozen published decisions. Kendra also regularly assists trial counsel with key motions, trial preparation and during trial. She is also a licensed Real Estate Broker (#02150688) by the California Department of Real Estate.

Executive Dynamics Search, Inc. v. Lawrence (4DCA1, July 26, 2024): Successfully represented commercial landlords in obtaining reversal of the trial court’s judgment following a 3-week bench trial on the ground that the trial court’s order granting rescission of lease was unsupported by substantial evidence establishing the cause of the alleged breach of the covenant of quiet enjoyment.
Promote Mexico, LLC v. Monster Energy Company (2DCA1, July 1, 2024): Successfully represented promotor of the Baja 1000 race in obtaining reversal of trial court summary adjudication order adjudicating the adequacy of Monster Energy’s tender of defense and directing payment of retroactive and future defense costs.
Promote Mexico, LLC v. Superior Court Los Angeles County (2DCA1, July 1, 2024): Successfully obtained writ review and an order reversing the trial court’s finding that Monster Energy Company did not owe a duty to defend the Baja 1000 race promotor pursuant to a race sponsorship agreement.
Cleveland v. The Behemoth (9th Cir., May 2024): Successfully represented employer in upholding a jury’s defense verdict on various state- and federal-law claims related to alleged workplace harassment and retaliation, including violation of Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. (oral argument)
In re Marriage of Kandah Diaz (4DCA1, March 2024): Prevailed in family law appeal challenging the trial court’s ruling in a bifurcated proceeding that a premarital agreement was valid.
Dumps v. San Diego County Board of Supervisors (4DCA1, Mar. 2024): Appeal from the trial court’s dismissal of a petition for writ of mandate objecting to the approval by the San Diego County Board of Supervisors of a transmission line and high-voltage substation on private land, used to connect two newly planned windmill farms located on tribal lands to San Diego Gas & Electric’s existing transmission lines.
Sunfarms, LLC v. Eurus Energy/Toyota Tsusho America, Inc. (9th Cir., Jan. 2024): Served as local appellate counsel in successfully obtaining affirmance of district court’s order granting summary judgment regarding alleged breaches of a Consulting Services Agreement on the ground that plaintiff failed to present evidence that it has or is likely to suffer actual damages.
Scurlock v. City of Coronado (4DCA1, Jan. 2024): Appeal on behalf of a property owner challenging a series of decisions issued by the City of Coronado applying regulations applicable to an integrated accessory dwelling unit.
Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC (4DCA1, Jan. 2024): Appeal following a jury trial raising issues regarding the presumptions on appeal applicable to a jury’s duty to follow jury instructions and an appellate court’s ability to interpret an ambiguous special verdict.
Neal Electric Corp. v. Clark Construction Group (4DCA1, Oct. 2023/Cal.Sup. Nov. 2023): Appeal of a judgment resulting from a trial court order denying a petition to vacate an arbitration award on the ground that the arbitrator exceeded its authority by requiring the parties to conduct an 8-week arbitration hearing involving 20 witnesses, 680 exhibits and in excess of $10 million virtually using the Zoom platform.
The Board of Trustees of the United Food & Commercial Workers, Local 135; and United Food & Commercial Workers Union Local 135 v. City of San Diego (4DCA1, Sept. 2023): Supervised appeal from a judgment denying a petition for writ of mandate challenging the City of San Diego’s compliance with CEQA based upon the approval of an addendum to a program environmental impact report for construction of a Home Depot in San Diego.
McMillan v. Dooley (S.D. Sup. Appl. Div., July 2023): Prevailed on protective cross-appeal involving a trial court’s order dismissing a malicious prosecution lawsuit arising from a family law proceeding.
Alameda Auto Spa, LLC v. Los Angeles SMS Limited Partnership, dba Verizon Wireless (L.A. Sup. Appl. Div. Jan. 2023): Successfully obtained dismissal of appeal in civil limited commercial unlawful detainer case based on untimely filing of notice of appeal and failure to challenge order denying request to reclassify case.
Backcountry Against Dump et al v. Bureau of Indian Affairs, et al (9th Cir., Oct. 2022): Successfully represented tribe on appeal in upholding a Rule 19 dismissal of Plaintiffs’ lawsuit challenging a $400-million windmill development project to be constructed on the tribe’s reservation.
Teton Global Investment LLC v. LC Investment 2010, LLC (9th Cir., Oct. 2022): Served as local counsel on appeal successfully defending district court decision finding issue preclusion applied to a state court judgment granting guests of a condominium unit access to amenities at the Omni Resort & Spa.
Save the Field v. Del Mar Union School District (4DCA1, Sept. 2022). Represented appellant community interest group in challenging Del Mar Union School District’s compliance with CEQA following an order vacating its Mitigated Negative Declaration for a school rebuild project.
Gettel v. Saich (6DCA September 10, 2021): Prevailed in appeal challenging the trial court’s order striking plaintiff’s abuse of process complaint pursuant to California’s anti-SLAPP statute and order awarding attorney’s fees.
Anthony Johnson v. Manuel Altamirano, et al (9th Cir., Aug. 2022): Successfully defended appeal of district court order dismissing malicious prosecution lawsuit because plaintiff/appellant did not prevail in the state court action filed against him.
Viasat Inc. v. Acacia Communications, Inc. (4DCA1 May 2022): Served as local appellate counsel for complex appeal involving a $49 million contract award and trade secret claims.
Bogue v. Sharp Memorial Hospital (4DCA1 April 2022): Successfully represented hospital in defeating physician’s appeal involving a claim under California’s whistleblower statute, Health & Safety Code section 1278.5 on ground that physician’s claims were barred by the doctrine of res judicata.
Dickerson v. Perry & Papenhausen, Inc. (4DCA1, April 2021): Prevailed in appeal arising from a complex, 8-week construction defect, fraud and breach of contract jury trial involving multi-million dollar damage cross-claims and a $5 million request for prevailing party attorney’s fees.
Chhatrala Investments, LLC v. Elajou Investment Group, L.P. (4DCA1, Jan. 2021): Prevailed in appeal challenging trial court order sustaining demurrer to investor’s complaint containing numerous legal and equitable claims seeking return of $1.79 million in funds arising from the sale of a large downtown San Diego commercial parcel.
In re Marriage of Dinesh (4DCA1, Aug. 2020): Prevailed in family law appeal involving a substantial marital estate and multiple challenges regarding reserved issues including division of property, spousal support, and sanctions. Decision affirming trial court orders addressed multiple issues of forfeiture, the admissibility of expert testimony, the sufficiency of the parties’ “stipulation” during trial, whether two published books were conceived of prior to separation, whether the trial court erred in refusing to retain jurisdiction over husband’s potential contract with Netflix, and multiple alleged breaches of fiduciary duty.
Storix, Inc. v. Johnson (4DCA1, Dec. 2020) Prevailed in appeal challenging jury’s finding of breach of fiduciary duty arising from business disputes between a software company, and its founder involving issues standing, judicial estoppel, evidentiary issues and the standards applicable to post-trial motions.
Club One Casino, Inc. v. Perry (9th Cir., Dec. 2020): prevailed in appeal challenging district court’s dismissal of RICO claim under 18 U.S.C. § 1964(c) brought by a gambling facility against a competing business claiming that funds from unlicensed investors were used to finance the relocation, expansion, and operation of its business in violation of the California Gambling Control Act.
Storix, Inc. v. Johnson (9th Cir., Feb. 2020): Prevailed in appeal challenging award of $407,778.00 in attorneys’ fees arising from successfully defending copyright infringement claims as excessive. Trial court was found to have acted within its discretion and consistent with the Ninth Circuit’s directions on remand.
Plantier v. Ramona Municipal Water Dist. (Cal. Sup. Ct., May 2019): Obtained grant of review and argued before the California Supreme Court regarding exhaustion of remedies defense and whether a written protest was required prior to proceeding with class action lawsuit challenging municipality’s method of calculating wastewater service as violative of Proposition 218.
AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. (4DCA1, Nov. 2018): Prevailed in appeal seeking to overturn trial court order that provision of confidentiality and non-disclosure agreement which prevented employees from directly or indirectly from soliciting any employee of recruiter to leave service of recruiter for a specified period after termination of employment was void. Decision also held that identities and contact information of individuals who worked on temporary nursing assignments were not secret and thus could not be trade secret of employer.
Tahoe Reno Industrial Center, LLC v. Bronwood, LLC (2DCA1, April 2018): Prevailed in obtaining reversal of order denying ability to bring separate complaint after judgment alleging alter ego liability for $1.275 million in fees and costs arising from a commercial project involving the creation of a new utility district.
Johnson v. Storix, Inc. (9th Cir., Dec. 2017): Prevailed in appeal challenging whether an annual report drafted and signed by a copyright holder, memorializing his transfer of “all assets” to transferee as of date of its incorporation, qualified as “note or memorandum,” within meaning of Copyright Act, 17 U.S.C. § 204.
Bribiesca v. Procopio, Cory, Hargreaves, and Savitch, LLP (9th Cir., Nov. 2017): Prevailed in appeal challenging district court order dismissing lawsuit as barred by the Rooker-Feldman doctrine because action was a “de facto appeal” of a prior state court judgment and raised issues that were “inextricably intertwined” with that judgment.
Medical Marijuana, Inc. v. ProjectCBD.com (4DCA1, Nov. 2016): Prevailed in appeal challenging a trial court order finding an industrial hemp manufacturer’s action against a competitor, competitor’s nonprofit corporation, and an employee of the nonprofit corporation for causes of action including libel and false light did not arise from protected activity under California’s anti-SLAPP statute, Code of Civil Procedure § 425.16.
In re Marriage of Martella (4DCA1, Oct. 2016): Prevailed in family law appeal challenging a postjudgment order terminating spousal support, including challenges regarding the adequacy of the trial court’s statement of decision and whether a material change of circumstances warranted continued support.
Won v. Vault Bioventures, Inc. (4DCA1, Sept. 2016): Prevailed in appeal challenging trial court’s order denying motion to compel arbitration and finding that even though executive had signed a stock option agreement and equity incentive plan containing agreements to arbitrate that those separate arbitration agreements were not incorporated by reference into the employment agreement at issue in the lawsuit.
In re Marriage of Korpivaara (2DCA8, April 2016): Prevailed in family law appeal challenging trial court order in favor of citizen of Finland staying the proceedings for lack of personal jurisdiction and on forum non conveniens grounds. Personal jurisdiction was lacking due to insufficient contacts with California and participation in discovery related to the lawsuit did not waive jurisdictional challenge.
Stueland v. Petco Animal Supplies Stores, Inc. (4DCA1, Jan. 2016): Prevailed in appeal challenging trial court order granting summary judgment as to pregnancy discrimination and wrongful termination in violation of public policy claims by former store employee on grounds that employee failed to meet her burden of raising a triable issue of fact that reason for termination was pretextual for pregnancy discrimination.
Kipperman v. First American Title Company (4DCA3, Jan. 2015) Prevailed in appeal challenging trial court’s dismissal following bench trial of claims against title company for alleged negligence in recording what was allegedly intended to be a partial release of a third position deed of trust, resulting in releasing all the secured property.
Bard Water District v. Granite Construction Company (4DCA1, Nov. 2014): Prevailed in appeal by water district against general contractor seeking to have a final judgment that was entered in the contractor’s favor three years earlier declared void.
Bribiesca v. Pacific Perfusion, Inc. (4DCA1, Sept. 2014) : Prevailed in appeal of trial court summary judgment order dismissing employee’s defamation and false imprisonment claim and in upholding findings by jury against employee for intentional infliction of emotional distress.
Openiano v. Hammer (4DCA1, Mar. 2014) Prevailed in appeal challenging trial court order granting summary judgment based on appellant’s waiver of challenge and failure to establish standing for lawsuit.
Duke Gerstel Shearer, LLP v. DeMarco (4DCA1, June 2013): Prevailed in appeal challenging a trial court order finding no breach of an oral agreement following a bench trial. Attorney alleged client agreed to pay for legal representation of a third party. Client successfully maintained she agreed to pay up to $10,000 for the services, but nevertheless, was billed over $118,000.
Suneva Medical, Inc. v. Lemperle (4DCA1, Apr. 2012): Prevailed in obtaining reversal of trial court order granting motion to strike on grounds that company demonstrated a probability of prevailing on five causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and seeking injunctive and declaratory relief pursuant to California’s anti-SLAPP statute, Code of Civil Procedure § 425.16.
City of El Cajon v. County of San Diego Local Agency Formation Com’n (4DCA3, Aug. 2010): Prevailed in appeal by obtaining reversal of judgment in favor of the San Diego LAFCO et al. involving City’s petition for a writ of mandate to overturn the denial of its request to annex and reorganize the services of an unincorporated parcel of land owned by Home Depot on grounds that LAFCO abused its discretion by finding the property sought to be annexed was not “substantially surrounded” by City under the Cortese–Knox–Hertzberg Local Government Reorganization Act of 2000, Gov. Code § 56000 et seq. and violated the California Environmental Quality Act, Pub. Resources Code § 21000 et seq.
In re Marriage of Schuster (4DCA1, July 2010): Prevailed in family law appeal challenging trial court’s order finding it lacked jurisdiction to hear the wife’s argument the marital community had an interest in the husband’s acquisition of stock in a corporation with his separate funds, on the theory the business began as a “joint venture” and was presumed to be a community asset from that point forward.
Center Associates, L.P. v. Superior Court (4DCA1, Nov. 2008): Successfully obtained writ review and reversal of an order disqualifying a law firm from representing its clients due to a finding of impermissible successive representation.
Moser v. Encore Capital Group, Inc. (9th Cir., July 2008): Prevailed in appeal challenging trial court’s order finding held that filing of registration statement with United States Securities and Exchange Commission (SEC) did not fall under anti–SLAPP law and therefore action by attorney against corporation and its board of directors, alleging that he was wrongfully terminated after he disclosed certain accounting irregularities was entitled to proceed.
U.S. v. Zatica (9th Cir., Aug. 2007): Prevailed in appeal challenging the district court’s judgment as a matter of law in favor of contractor client in a multi-million dollar qui tam action under the False Claims Act, 31 U.S.C. § 3729.
Fletcher v. Quest Education Corp. (4DCA1, Mar. 2004) : Prevailed in obtaining reversal of trial court order refusing to compel arbitration on the grounds that arbitration provision in enrollment agreement was both procedurally and substantively unconscionable.
Blunt v. Rehabilicare, Inc. (4DCA2, Mar. 2004): Prevailed in appeal of trial court order granting motion to quash and dismissing complaint raising issues of law of the case and waiver.
Thorn v. Superior Court (4DCA1, Apr. 2003): Obtained issue of peremptory writ in the first instance preventing a re-trial following a reversal on appeal where the plaintiff had a full and fair opportunity to present its case and was not entitled to a second opportunity to prove causation.
Grinham v. Fielder (2DCA6, June 2002): Prevailed in appeal challenging trial court order dismissing complaint for comparative indemnity on the grounds that plaintiff’s claim was barred by the doctrine of res judicata or collateral estoppel. Collateral estoppel could be asserted against a party even though it made a “special appearance” at an arbitration to contest their obligation to arbitrate the contract dispute.
Ahmed v. Coca Cola Bottling Co., Inc. (4DCA3, Dec. 2001) Prevailed in appeal of judgment following a jury trial rejecting negligence complaint against company, and postjudment orders denying motions for a new trial and to tax costs.

State Bar of California Board Certified Appellate Specialist since 2003
Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society since 2024
Best Lawyers®, Appellate Practice, 2021-present
Super Lawyers®, Appellate, 2007-2024
Super Lawyers® Top 50, 2016
Martindale-Hubbell® AV Preeminent Rating
Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™
Top Lawyers, San Diego magazine, 2013-present
Woman Leader in the Law, American Lawyer magazine, 2021
Best of the Bar, San Diego Business Journal, 2015

JD, University of San Diego School of Law, cum laude (USD Law Review member), 1993
BA, Loyola Marymount University, cum laude, 1990

Team Leader. “Oral Argument: What Could Go Wrong?” San Diego Appellate Inn of Court, May 15, 2024.
Presenter. “Coping with COVID-19 in the Practice of Law,” William B. Enright Chapter American Inns of Court, November 19, 2021.
Presenter. “Storytelling in Writing/Briefing” William B. Enright Chapter American Inns of Court, March 24, 2020.
Presenter. “Attracting, Keeping and Controlling Clients,” William B. Enright Chapter American Inns of Court, November 21, 2019.
Presenter. “Preserving Issues in the Trial Court for Appeal,” Bar Association of Northern San Diego County, October 10, 2018.
Presenter. “Differences Between Practicing in the Ninth Circuit verses the California Courts of Appeal,” San Diego Appellate Inn of Court, June 22, 2017.
Presenter. “Trial v. Arbitration: Advocacy that Avoids Appellate Landmines,” William B. Enright Chapter American Inns of Court, March 16, 2017.
Presenter. “The Right to Privacy in a World with Little Privacy,” William B. Enright Chapter American Inns of Court, April 7, 2014.
Presenter. “A Trial Lawyer’s Guide to the Standards of Appellate Review and Creating the Appellate Record,” William B. Enright Chapter American Inns of Court, November 15, 2012.
Presenter. “Appellate Basics for the Legal Secretary,” San Diego Legal Secretaries Association, September 24, 2012.

American Inns of Court, William B. Enright, Master
San Diego Appellate Inn of Court, Master; Board of Directors (2020-2022)
Association of Business Trial Lawyers
San Diego County Bar Association, Appellate Court Committee
The Federal Bar Association
ProVisor’s Carmel Valley 3, Member, 2020-present
Civil Appellate Self–Help Workshop, Volunteer, 2015-present
National Charity League San Dieguito Chapter, 2009-2017
USD School of Law, Moot Court Judge, 2013-2015

Freedman, Emmy. “9th Circ. Backs Game Developer’s Win in Sex Harassment Suit,” Law360, May 2, 2024.
Kim, Gina. “Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told,” Law360, April 8, 2024.
Sullivan, Ali. “9th Circ. Affirms Toss of Fight Against Calif. Tribal Wind Farm,” Law360, October 28, 2022.
Buehler, Katie. “9th Circ. Backs Tossing of Wind Farm Suit, Feds Say,” Law360, September 23, 2022.
Symons, Caleb. “Ranchers Urge 9th Circ. to Revive Calif. Wind Farm Suit,” Law360, July 19, 2022.
Conley, Morgan. “Wind Farm Not in Tribe’s Best Interest, 9th Circuit Told,” Law360, May 25, 2022.
Simpson, Dave. “Viasat’s $49.3M Jury Verdict Safe, But Trade Secret Win Nixed,” Law360, May 25, 2022.
Hanson, Joyce. “Calif. Group Asks 9th Circ. to Upend Tribal Wind Farm Order,” Law360, February 23, 2022.
“Majority of U.S. States, 75 Members of Congress, and More Than 30 Organizations File Amicus Briefs in Support of Native American Families and Children,” News Maven, December 16, 2019.
Westney, Andrew. “Native Groups, Profs, States Champion ICWA to 5th Circ.,” Law360, December 13, 2019.
Graves, Brad. “Leaders in Law Awards Reflect Well on Legal Community,” San Diego Business Journal, November 4, 2019.
Westney, Andrew. “Feds Say Indian Child Welfare Law Must Stand,” Law360, January 17, 2019.
USD Law Students Receive “Best Brief Award at 2015 Duberstein Moot Court Competition.”
Q&A With Procopio’s Kendra Hall,” Law360, April 30, 2013.