Legal Question in Appeals and Writs in California
Filing a Petition for Depublication/Decertification
I am currently researching the procedures for filing a petition to have a Court of Appeals decision depublished by the Supreme Court, how it is done and what is successful. Any personal experiences or advice relating to this would be greatly appreciated.
1 Answer from Attorneys
Re: Filing a Petition for Depublication/Decertification
What I have done is file a letter with the court of appeal
within its jurisdiction over the decision to depublish
the opinion with reasons, serving all parties and
the superior court.
If you do this within the 15 day rehearing period,
the court may rehear the case and come up with a different
result or even if the same, it may not be published.
If your request is denied, it may be forwarded to the
Supreme Court for action, and if now, you should file
a letter with the Supreme Court asking for depublication.
See CRC 979.
Call me if you want to discuss this.
PS: The first thing to do is call the attorney on the case whose position
parallels yours and get his permission/consent.
Steven Murray
(818) 501-2277