Nov. 4, 2025
Come again? Rehearing re-do
When appellate courts decide cases on surprise legal theories never argued or briefed, it's not just unfair--it violates due process. That's exactly what Government Code § 68081 was meant to prevent.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law, and member of the California and American Academies of Appellate Lawyers, in Manatt's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
In honor of Halloween
last week, imagine this: You watch the whole horror movie, trying to suss out who exactly is behind the Ghostface mask. At the
very last moment, he pulls off the mask to reveal...someone who never appeared
before in the whole movie.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In