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Appellate review of the decisions of the Agricultural Labor Relations Board, [37] the Public Utilities Commission, [38] and the Workers Compensation Appeals Board of the Department of Industrial Relations [39] is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal ...
The California Constitution originally made the Supreme Court the only appellate court for the whole state. As the state's population skyrocketed during the 19th century, the Supreme Court was expanded from three to seven justices, and then the Court began hearing the majority of appeals in three-justice panels.
In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
For example, a criminal defendant may be convicted in state court, and lose on "direct appeal" to higher state appellate courts, and if unsuccessful, mount a "collateral" action such as filing for a writ of habeas corpus in the federal courts. Generally speaking, "[d]irect appeal statutes afford defendants the opportunity to challenge the ...
In California law, when a case goes up on writ of mandate (California's version of mandamus), the appellant goes first in the case caption on appeal as the petitioner, and the superior court becomes the respondent. The actual opponent is listed below those names as the "real party in interest."
An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco upheld a lower court ruling that said Uber failed to show that the 2020 state law known as AB5 unfairly singled out app ...
The appeals court on Friday also ordered a lower-court judge to reconsider a ruling that would have required the state to identify Doe. California appeals court rules no arbitration in Cisco caste ...
Gubernatorial nomination and confirmation by Chief Justice, Attorney General and a senior presiding judge of the Court of Appeal: Authorised by: California Constitution: Appeals to: Supreme Court of the United States (for matters involving U.S. federal law or the U.S. Constitution only) Judge term length: 12 years; renewable: Number of ...