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?
Tuesday, August 2, 2016
A New Ground for Grant & Transfer?
That's the title of an article in today's DJ by retired Justice Cruz Reynoso and appellate lawyer Stephen Greenberg (a cofounder of CalAppErrors.com -- an online compendium of appellate error). Here's the set up: