Legal Question in Appeals and Writs in California

Re: Court of Appeal

That case must be over by now. The fact that he filed something is ridiculous. The appellate court should have issued a remittitur, giving back jurisdiction to the trial court jurisdiction.

I am suprised the clerk did not reject it. I would call the court clerk at the Court of Appeals and see if they stomp on him with both feet. E-mail me if you want directions on how to check the status of your case through the internet.

Very truly yours,

Re: Court of Appeal

Unless you and he are somehow still in court after 16 years or have a new case going on, I don't see how he can ask the Court of Appeal to do anything.

The clerks should be able to tell if his appeal is time-barred, or if its improper for a variety of other reasons. You should not simply presume that this is what will happen, though. Have an appellate attorney check the status of your case and tell you what, if anything, you need to do next.

Feel free to contact me directly. I am a certified appellate specialist (per the State Bar) and should be able to help you figure out what's going on.