Legal Question in Appeals and Writs in California

On the 61 st day after my appeal hearing, I received a remittitur. It was my understanding that I had 40 days to file a Petition for Review with the Supreme Court. If correct, the remittitur was issued prematurely as it now prevents me from filing a Pet. for Rev. I know that a remittitur can be recalled but by then my 10 days to file with the Sup. Ct would have expired. Any bright ideas to get my case to the Supreme. Court? My ground for appeal was lack of jurisdiction on part of trial ct and appellate ct.


Asked on 12/08/15, 1:11 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The rules are a bit more complex than that. A petition for review is due by the tenth day after the Court of Appeal's opinion becomes final. That, in turn, usually -- but not always -- happens 30 days after the opinion is filed. Regardless of which rules apply in your case, the date of the oral argument doesn't have much to do with when your petition had to be filed.

Opinions are sometimes filed very soon after the oral argument. If that happened in your case, then your time might have run out in less than 61 days.

But assuming the remittitur was premature, it won't stop you from petitioning for review. Just explain in your petition that the remittitur has been issued but that you believe it shouldn't have been, and that you will promptly move to have it recalled.

Feel free to contact me directly if you'd like to discuss your case in more detail. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization. Better yet, you and I seem to be in the same zip code.

Whether I hear from you or not, good luck.

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Answered on 12/08/15, 2:36 am


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