Legal Question in Appeals and Writs in California

Re: Relevant Case Decided While Decision Was Pending

I would ask the attorney who is handling your case. The best way might be a motion for a new trial or to alter or amend the judgment, there is a 15 day deadline.

Re: Relevant Case Decided While Decision Was Pending

Write a short (2 sentence) letter to the Judge enclosing a copy of the decision and explaining in one or two sentences why it is relevant.

Make sure to copy your opposing side (or counsel) on the letter and enclosure.

Many courts frown on this procedure but if you keep your letter short and non-argumentative, and if the case really is very relevant and makes new law, you should not get penalized for it.

Re: Relevant Case Decided While Decision Was Pending

If the decision would have been favorable to you had the case been considered, then you may be able to get it reversed based upon the new case's rule of law on appeal. Contact me directly.

Re: Relevant Case Decided While Decision Was Pending

The answer will depend on the status of your case. If a Statement of Decision or judgment has not yet been rendered, you should be able to submit a supplemental post-trial brief bringing the new authority to the attention of the court.

If there already is a judgment, you might be able to file a Motion for New Trial if there is still time.

Otherwise, as a general rule you can raise the new legal authority in an appeal from the adverse judgment. That requires, of course, that you properly file a timely Notice of Appeal, etc.

I am a certified Appellate Law specialist, and I engage in much post-judgment work. You can review my qualifications at www.foxappeals.com. Please contact me if you would like a consultation.