Legal Question in Landlord & Tenant Law in California
Remittitur
I had filed for an appeal; and since the reporter's trascript wasn't the truth? I didn't include this reporter's trascript with my appeal. Therefore, the court of appeal dismissed my case and forward a REMITTITUR to the superior court; which means, I'm right back where I first started from. As the appllent,what must I do now regarding this remittitur, which I hadn't heard absolutely a word from anyone since this remittitur? How are remittitur in civil cases are handled? I read ''The court of appeals may suggest a remittitur. If the remittitur is timely filed,the court must reform and affirm the trial court's judgment in accordance with the remittitur. If the remittitur is not timely filed,the court must reverse the trial court's judgment'' What does this mean? The appeal court remittitur was mail to me on 8/26/05; and I have, I guess only 30 days to respond to this remittitur, which is this coming monday 9/26/05. Since I did all I can, and one wrong thing after another keeps coming up in this case! Do you have attorneys that can help me with this remittitur situation... And until I get an attorney on my case; what must I file right now or on 9/26/05; before this entire matter be terminated all together! (Wrongful Eviction is case)
1 Answer from Attorneys
Re: Remittitur
Your matter is ALREADY terminated all together. The remittitur is the what the Court of Appeal sends to the trial court to inform it that the appeal is final.
When the Court of Appeal dismissed your appeal, the decision became final 30 days after the entry of the dismissal. The deadline to petition for review by the Supreme Court expired 10 days after Court of Appeal's decision becomes final.
What does this mean to you? You lost and you are out of options.
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