Kerry is an appellate attorney who uses brevity and candor to simplify and resolve complex business disputes.
Kerry believes that appellate briefs, like all legal writing, should be plainspoken and brief—no matter how novel or complex the question presented. He believes that good appellate attorneys not only aim to win the affirmance or reversal that their clients seek, but go further by crafting briefs that help shape and improve the law―flagging cases that are outdated, highlighting conflicts in the law, proposing adjustments to rules where necessary, and illustrating how the Court’s opinion might promote or undermine public policy. Kerry has argued more than 100 appeals and regularly appears in California’s Second and Fourth District Courts of Appeal, as well as the Ninth Circuit Court of Appeal. He frequently publishes appellate-related articles and delivers presentations to clients nationwide regarding appellate practice. He is a Certified Specialist in Appellate Law and has won significant victories covering subjects including financial services, real estate, arbitration, unfair competition, discrimination, judicial disqualification, and civil procedure.
Outside of the office, Kerry is a member of the Board of Directors for South County Outreach, a non-profit corporation that prevents hunger and homelessness in South Orange County. He is a volunteer appellate attorney the pro se clinic at the Fourth District Court of Appeal, Division Three, and is a fee arbitrator with the Orange County Bar Association. Kerry resides in Orange County with his wife and three children.
Areas of Practice
- Chapman University, J.D., cum laude, 2006
- Chapman University, B.A., Legal Studies, summa cum laude, 2003
- District of Columbia
- United States Court of Appeals for the Ninth Circuit
- United States Supreme Court
- Breach of Loan Modification Agreement
- Promissory Estoppel
- Delayed Discovery
- Reformation of Deed of Trust
- Nevada Foreclosure Mediation
- Mass Action
- Judicial Bias and Recusal
- Enforceability of Arbitration Clauses
- Standing to Challenge Assignments of Deeds of Trust
- Combined Efforts of Construction and Appellate Teams Successful
- Severson Attorneys Obtain Defense Verdict after 3-Week Jury Trial in Los Angeles County
- SW Winter 2019 Newsletter
- Franich, K. W. (December 2018). “Hungry for Change: An Overview of California Waste and Donation Legislation”. OC Lawyer
- SW Summer 2018 Newsletter
- Kemp, E. & Franich, K.W., (April 11, 2017). McGill v. Citibank, N.A. Undermines Proposition 64 and the FAA Alert
- Franich, K. W. (July 2016). “Rethinking The Impossible: Appellate Mediation”. OC Lawyer (Vol. 58 No. 7)
- Franich, K. W. (March 2016). “Yvanova: Borrowers Achieve Limited Victory in the California Supreme Court”. DS News, 92-93.
- Franich, K. W. (January 2015). “Preparing for the Next Wave: Borrower Standing to Challenge Errors in Securitization”. DS News