Appellate Practice
Sep. 1, 2026
Mulling modifications
A change from $X to zero dollars isn't a change in judgment?
Benjamin G. Shatz
Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.
Appellate Law (Certified), Litigation
Exceptionally Appealing appears the first Tuesday of the month.
A California Court of Appeal decision typically is "game over"--the parties have to live with the decision as issued. Sure, a cert petition to the U.S. Supreme Court or petition for review to the California Supreme Court is a possibility to change the outcome, but that's a remote chance at best. Similarly, a rehearing petition to the Court of Appeal is possible, but the vast majority of those are summarily denied. Even so, by rule, decisions are ordinarily not "final" the mom...
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