in california what is the next step to appeal the second district ruling? this is a legal malpractice case.
4 Answers from Attorneys
If you mean the Second District Court of Appeals, its the California Supreme Court.
You would need to file a petition for a writ of review with the California Supreme Court, and serve the petition on all appropriate parties. You should note that the court can deny your petition in its discretion, and not take your appeal. There are also deadlines for filing the petition that you must meet.
It depends on why you disagree with the court's opinion. The rules of court provide for a petition for rehearing, and if you think the California Supreme Court should review the matter, you will have to file a petition for review.
I presume you mean the California Court of Appeal for the Second Appellate District. You can file a petition for rehearing in that court, as long as you do so within 15 days after the opinion was filed.
You can also file a petition for review in the California Supreme Court during the first ten days after the Court of Appeal's decision becomes final. That decision will become final 30 days after it was filed unless the Court of Appeal grants a petition for rehearing or otherwise makes a substantive change in the decision.
Please note that petitions for rehearing and review are rarely granted. Even when they are, it means only that the court will consider the case. It does not mean that the petitioner will win.
This is a highly simplified answer to your question. The rules are more complicated than this. Please feel free to contact me directly if you want to discuss your case in more detail. I have many years of experience in appeals and writs, and am certified as an appellate specialist by the State Bar of California Board of Legal Specialization -- a certification held by just 284 of the roughly 200,000 lawyers practicing in this state.
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