Legal Question in Appeals and Writs in California

You can try, of course. but it won't work. The Court of Appeal won't recall the remittitur on those grounds. Even if it did issue the recall, it cannot now hear your petition for rehearing, because the jurisdictional time to do so has lapsed. The Court of Appeal has no power to grant you the relief you want.

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The Court of Appeal loses jurisdiction after 30 days once the decision is filed, unless it grants rehearing or modifies the decision substantially in the meantime. You are probably too late, but even if you aren't a missed deadline will not get you the relief you seek.

If the decision was entered less than 40 days ago you can still petition for review in the California Supreme Court. If not, you can still bring a petition for review along with a motion for relief from the default. That motion will only be granted if you have a *very* good explanation.