Can you do a Writ of Mandate with the California Supreme Court if the Court of Appeal denied a Motion for Summary Judgment?
There's no such thing as a motion for summary judgment in the Court of Appeal, so the premise of the question must be wrong.
Kelseyville, CA
Appeals Lawyer at Kelseyville, CA
Practice Areas: Appeals
There's no such thing as a motion for summary judgment in the Court of Appeal, so the premise of the question must be wrong.
Yes, but remember that the writ petition will have to demonstrate why the appeal cannot provide an adequate remedy for whatever you're challenging.
An appeal from a small claims decision is filed in the same small claims court that made the decision. (See Cal. Rules of Court, rule 8.954(a).)
You can appeal by filing a Notice of Appeal with the clerk's office in the trial court. There will be a filing fee. An appeal is not a new trial,...
To answer your first question, yes, you can appeal. To answer your second question, it's impossible to say whether it would be "worth it" without...
Theoretically, you could file a writ petition in the appellate court, but (1) it would almost certainly be denied and (2) it might take longer than...
Your use of the phrases "come back" and "reopen the case" indicate that you think an appeal is a new trial conducted in the same court as the...
As a general rule, you cannot file an appeal from a decision on a motion (including a demurrer). You can appeal only from a final judgment. In...
15 days. (Cal. Rules of Court, rule 8.54(a)(3).) If you're personally litigating an appeal, you should become familiar with the appellate rules...
The way to ask for this relief, although it is highly unlikely to be granted, is to file a motion to recall the remittitur. (See Cal. Rules of...