Tuesday, March 28, 2023

In time for Easter...

In time for Easter, 1/2 issues an unpub decision here about appellate resurrection regarding an important appellate procedure issue pending at the Supreme Court, which begins:

Plaintiffs and appellants [] appeal from a trial court order determining a settlement was in good faith. We shall dismiss the appeal, applying a line of authority, holding that the only review available to appellants is a timely petition for writ of mandate—a line of authority, not incidentally, supported with cases from this Appellate District: In re Pacific Fertility Cases (2022) 78 Cal.App.5th 568, 573, review granted August 17, 2022, S275134, and Housing Group v. Superior Court (1994) 24 Cal.App.4th 549, 552.

Doing so, we recognize that the issue is currently before our Supreme Court; that if appellants are so inclined, they can seek review of our decision in that court; and that the ultimate holding in that court may differ from that we make here, perhaps resurrecting appellants’ appeal. We thus accompany our dismissal with several observations about appellants’ briefing and advocacy here—observations that are not complimentary—indicating that if this is the best appellants can do, review should not be sought, as any such appeal may not be worthy of resurrection.

The decision also asserts: "Good appellate advocacy does not just regurgitate losing arguments made below."