This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Appellate Practice

Sep. 1, 2026

Mulling modifications

A change from $X to zero dollars isn't a change in judgment?

Benjamin G. Shatz

Partner in the Appellate Division of Duane Morris LLP's Trial Practice Group in the Los Angeles office, and leader of the firm's West Coast appellate practice.

Appellate Law (Certified), Litigation

Exceptionally Appealing appears the first Tuesday of the month.

See more...

Sylvia (Yoo Jin) Cheong

Litigation Associate
Duane Morris LLP

See more...

Mulling modifications
Shutterstock

A California Court of Appeal decision typically is "game over"--the parties have to live with the decision as issued. Sure, a cert petition to the U.S. Supreme Court or petition for review to the California Supreme Court is a possibility to change the outcome, but that's a remote chance at best. Similarly, a rehearing petition to the Court of Appeal is possible, but the vast majority of those are summarily denied. Even so, by rule, decisions are ordinarily not "final" the mom...

To continue reading, please subscribe.
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
$895, but save $100 when you subscribe today… Just $795 for the first 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?

Enewsletter Sign-up