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The losing party in a lawsuit may appeal their case to a higher court. The higher court then reviews the case for legal errors. If an appeal is granted, the lower court's decision may be reversed in whole or in part. If an appeal is denied, the lower court's decision stands.
If the California Supreme Court denies the petition for review, the appeal decision becomes final immediately and then the Court of Appeal issues a remittitur. If the California Supreme Court agrees to review the case, then the case moves from the Court of Appeal to the Supreme Court and a new briefing process begins.
What Happens Once a Case is Selected for Review? The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.
If the California Supreme Court denies the petition for review, the appeal decision becomes final immediately and then the Court of Appeal issues a remittitur. If the California Supreme Court agrees to review the case, then the case moves from the Court of Appeal to the Supreme Court and a new briefing process begins.
If the Supreme Court denies the petition for review, the Court of Appeal disposition governs the case and further appeal in a California state court is precluded.
On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...