Legal Question in Appeals and Writs in California

Judicial error -- meaning a flawed legal analysis -- is not grounds to recall a remittitur. That's true even where the mistake only became apparent due to a later decision from the California Supreme Court in a different case.

There are very few valid grounds to recall a remittitur, and those grounds don't come up very often. It's possible that one or more of them is present in your case. Even if you can't get the remittitur recalled, there may be other ways you could assert your rights. Most litigants don't have viable options once the remittitur has issued, but a small percentage do. I can't tell whether you're among them based on the limited information you've provided.

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.