Thursday, January 17, 2013

Want a Stipulated Reversal? Make a Strong Case for it

Sometimes the parties on appeal settle and want to vacate the judgment via a stipulated reversal. But Code of Civil Procedure section 128, subdivision (a)(8), requires that the parties to make a showing to get that sort of relief. A mere pro forma, stipulated request won't get the job done, and instead may result in an order like this one: http://www.courts.ca.gov/opinions/nonpub/G045247.PDF