Law Practice
Aug. 3, 2016
A new ground for review and transfer
The Judicial Council should adopt a new Rule of Court to allow the Supreme Court to send a case back to the Court of Appeal if it's shown that the lower appellate court decision was materially erroneous. By Cruz Reynoso and Stephen Greenberg
There's an age-old philosophical question, "If a tree falls in a forest and no one is around to hear it, does it make a sound?" It's time to pose an analogous - and much more practical - query: If a California Court of Appeal opinion presents no "important question of law" but arguably relies on a material factual or legal error, or an unbriefed issue, does it make a difference?
Unquestionably it does ...
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