Legal Question in Business Law in California

I am filing petition for writ of certiorari. On the matter of Jurisdiction, I have this question:

The case was struck (425.16) in the Superior Court. Motions to vacate strike order and judgement failed. I appealed to the Appeals Court, which said case was not in its jurisdiction, then to California Supreme Court, which declined review.

Regarding jurisdiction, the writ of ceriorari is asking me for "The date on which the highest state court decided my case was ______________?"

Since the California Supreme Court declined the case, and since the appeals court said it was not in its jurisdiction (i.e., no decision was made in these courts), I would guess I should list the Superior Court, which actually made a decision. Am I correct on that?

(BTW, I realize my chances are almost zero.)


Asked on 3/11/16, 3:29 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No. The Superior Court is not the "highest state court." The petition is asking when the California Supreme Court ("CSC") denied your petition for review. The purpose of this question is to reveal whether your petition is timely. Your time to file it began when the CSC declined to hear your case.

Good luck.

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Answered on 3/11/16, 3:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm puzzled as to why the Court of Appeal determined that the case was not in its jurisdiction. An appeal is the proper method to obtain review of an anti-SLAPP order granting a special motion to strike (see CCP 425.16, subsection i and CCP 904.1(a)(13). Perhaps this was a "limited civil case," in which situation the appeal should have gone to the appellate division of the Superior Court instead of the Court of Appeal. By the way, although there are strict time limits for filing an appeal, there is none for a petition for a writ, including certiorari, other that a general policy that it should be done as soon as reasonably possible to avoid a defense of laches.

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Answered on 3/11/16, 4:24 pm
Edward Hoffman Law Offices of Edward A. Hoffman

The form described in the question is a pro-per petition for a writ of certiorari from the U.S. Supreme Court. There are also writs of certiorari in the California state courts, which are quite different. They may be what Mr. Whipple has in mind. One difference is that there are very firm time limits for certiorari in the U.S. Supreme Court.

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Answered on 3/13/16, 4:10 pm


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