Legal Question in Real Estate Law in California
I appealed a case a year ago. I won 1/2 of the appeal. To exercise the other half of the appeal would take another jury trial. How much time can that party have to start the suit again? Is there a statute of limitations?
2 Answers from Attorneys
To answer your question directly, there is a statute of limitations, which is the original statute of limitations, but there are other rules to be applied.
You don't start a new case. When the Appellate Court issues a remittitur, that document attaches the opinion and gives jurisdiction to the trial court. If it is reversed, or partially reversed, the trial court must conduct the new trial, pursuant to the instructions in the opinion or the remittitur.
If the other side lost, it is res judicata. That means the thing has been decided. You get a chance to have your day in court, not a chance to keep going to court over and over again on the same issue. If he files suit against you again, you need to get an attorney, have the attorney demur, and move for sanctions at the same time.
A case reversed and remanded (in whole or in part) for retrial is subject to statutory dismissal rules for delay in prosecution. The case must be brought to retrial within three years after the remittitur is filed by the trial court clerk. See Code of Civil Procedure section 583.320, particularly subpart (a)(3). Otherwise, the trial court must dismiss the action on the defendant's motion or the court's own motion. CCP 583.360(a).