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Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
However, if there were a number of other witnesses against the losing party, the appellate court may rule that this mistake was of no consequence and that even if the evidence had been excluded, the losing party would have lost.
A California appeals court reversed most of a ruling invalidating Proposition 22, the state's 2020 voter-approved gig economy law allowing giant ride-hailing and delivery companies to classify ...
All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit, [6] the appellate decision must summarize the facts and law of the case and review possible ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
A California appellate court has overturned the rape conviction of former San Francisco 49ers defensive tackle Dana Stubblefield – finding it “legally invalid” – on the grounds of racial bias.
A spokesman for Trump’s campaign earlier this week slammed the “political weaponization of our justice system” in a response to a federal appeals court ruling in New York that upheld a jury ...