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A federal court may also remand when a civil case is filed in a state court and the defendant removes the case to the local federal district court. If the federal court decides that the case was not one in which removal was permissible, it may remand the case to state court. Here, the federal court is not an appellate court as in the case above ...
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...
Pursuant to California Rule of Court 2.506 and Government Code Section 68150(h), courts may impose fees for the costs of providing access to its electronic records. Several superior courts do so, including Alameda, Los Angeles, Riverside, Sacramento, and San Diego, and the fees have been criticized by Thomas Peele as exorbitant and ...
The high court struggled over the next few years, without success, to formulate a coherent standard of review for this new kind of appellate review. [34] Regardless, the state legislature ratified and endorsed the new concept of administrative mandate in 1945 by enacting Code of Civil Procedure section 1094.5. [34]
A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or sua sponte (at the court's initiative). [1]
Both the California Court of Appeal and the Supreme Court of California reviewed this case on the First Amendment grounds. The central issue was whether the injunction violated Bunner's right to free speech assuming DVD CCA likely had a valid trade secret claim. The two courts expressed different opinions.
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