Legal Question in Appeals and Writs in California

Re: RE:/ Petition for rehearing

We will need to read all briefs, see all evidence referred to and read the opinion. There are time limits for a Petition for Rehearing. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation and correspondence. We handle cases throughout California.

Re: RE:/ Petition for rehearing

I thought the opinion was well reasoned. You blew the statute of limitations, and you didn't present any evidence in opposition to the MSJ. These are factual issues that aren't appealable, and you are SOL. Don't file for a rehearing. Go to law school if you can.

Re: RE:/ Petition for rehearing

Rule 25. Rehearing

(a) Power to order rehearing

(1) On petition of a party or on its own motion, a reviewing court may order rehearing of any decision that is not final in that court on filing.(1) A party may serve and file a petition for rehearing within 15 days after:

(A) the filing of the decision;

Time constraints will likely demand that you petition the Supreme Court for Review. A petition for rehearing requires the same or better care that preparing an Appealte Brief demands. Call me directly at (619) 222-3504.

Re: RE:/ Petition for rehearing

Would be happy to assist you, IF there is still time to do so under the rules of procedure, and IF there is proper factual and legal basis for such petition, and if you are willing to pay the necessary fees and costs. Contact me to discuss if serious.

Re: RE:/ Petition for rehearing

You've got 15 days from the filing of the opinion to serve and file a petition for rehearing. If there is a publication order after the opinion has been filed, then you've got 15 days from the publication order (assuming you haven't already petitioned for rehearing). If the opinion gets modified to change the judgment, then you've got 15 days from the modification order.

There are several general grounds for seeking rehearing. First, under Gov Code 68081, rehearing is required if the court's decision is based upon a new issue and the parties weren't afforded an opportunity to brief that issue. Second, rehearing can be granted if the opinion misstates the facts. For example, if the evidence only shows A but the opinion says B, then you can seek rehearing. But if there is evidence of both A and B, then there is evidence that supports B, and rehearing would not necessarily be justified. Remember that the appellate court is required to give great deference to the trial court's findings and exercise of discretion. Third, you can petition based upon a mistake of law but you need to make a strong showing of a substantial error of law. Fourth, you can petition because of a procedural error affecting your appellate rights -- for example, if your attorney did not receive notice of oral argument and thus was denied a chance to present oral argument....

Hope this helps.

Peggy Headley