Can you file a CA Supreme Court "petition for review" of a denial of a Court of Appeal "petition for rehearing"?
Christopher's answer
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Answered on April 17, 2020
The deadline runs from the court of appeal opinion, not denial of a petition for rehearing. The usual deadline is 40 days from the opinion, but the...
What happens when a remittitur is recalled?
Christopher's answer
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Answered on April 02, 2020
The remittitur is the document which formally transfers the case from the court of appeal to the trial court. A court of appeal can recall a...
Archived
Does CA Supreme Court's Extension of Deadlines in Response to COVID-19 apply to Petitions for Review?
Christopher's answer
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Answered on March 23, 2020
The Supreme Court has the power to extend deadlines set by the rules of court, but not deadlines set by statute. The deadline to appeal is set by...
Archived
Can a moving petitioner add an exhibit to a CA Motion To Vacate after CCP 473's 6 month deadline has passed ?
Christopher's answer
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Answered on February 28, 2020
Normally all exhibits have to be filed with a motion. However, if a motion is filed timely, the court has discretion to accept additional exhibits...
Archived
What ingredients are needed to make a probable cause ? What ingredients would the court need to make a reliable witness?
Christopher's answer
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Answered on January 23, 2015
Probable cause means different things in different contexts. For an arrest or a criminal prosecution, probable cause is "facts and circumstances...
Archived
How long is the statues of limitations on filing a case for false imprisonment? , Or is there one?
Christopher's answer
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Answered on January 23, 2015
For federal law, the statute of limitations is the state statute applicable to personal injury actions. In California that is 2 years. However,...
Archived
Peremptory Challenge Under 170.6
Christopher's answer
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Answered on January 23, 2015
There are specific deadlines for filing, and once the deadline has run, a 170.6 challenge can be denied as untimely and the challenged judge is not...
Archived
Deadline to file appeal in unlimited civil
Christopher's answer
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Answered on January 23, 2015
The deadline is the earlier of (1) 60 days of mailing notice of entry of judgment by the clerk or by a party or (2) 180 days after entry of...
Motion to Dismiss Appeal in Appellate Court
Christopher's answer
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Answered on January 23, 2015
Nothing in the rules allows or prohibits replies. I have filed replies in the Fourth District, Division Two and they have accepted them. Since...
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