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Bill or particulars ccp 4544/17/2024 ![]() So the indefinite stay of an immediately-enforceable sanctions order in Marriage of Bush (D4d3 Jun. There are basically only two ways to stay enforcement of a money judgment: (1) post a bond and file a notice of appeal, or (2) ask for a temporary stay under Code of Civil Procedure section 918 (but the stay only lasts until the deadline to file an appeal, plus 10 days). Stays of judgment enforcement in California are governed by statute. Otherwise, you might go through two years of briefing only to find your appeal is moot. Takeaway: If you are appealing from a preliminary injunction, consider also file a petition for a writ of mandate. (No indication which way the Court of Appeal’s tentative went, though.) Realm already filed a new notice of appeal from the permanent injunction. So Realm requested dismissal, and the Court of Appeal granted it. But before oral argument, the trial court made its injunction permanent, thus mooting the appeal. After two-and-a-half years on appeal, the Court of Appeal issued a tentative opinion. The trial court entered a preliminary injunction of a development project. Requesting dismissal after an unfavorable tentative risks ruining it for the rest of us.īut the court in Northgate Gonzalez, LLC v. My plea was: not many courts do litigants the favor of issuing tentatives, so please don’t abuse it. And last month, the Court of Appeal cautioned that if you wait until the court issues its tentative opinion, it’s probably going to be too late. So if you decide that the the appeal is not worth the risk of attorneys’ fees or bad precedent, you have to request a dismissal. Read MoreĪfter the record is filed on appeal, you no longer have an absolute right to dismiss the appeal. And no one is forcing you to use (cleaned up). ❔I think the judges want to see the quote exactly as it appeared. But will judges trust lawyers to use it faithfully? Answer: Judges already don’t trust lawyers, so I don’t even understand your question. ❔What does (cleaned up) even mean? Answer: It means you can start a quote with a capital letter without using those stupid ugly square brackets, without having to explain it. Jack subjects himself to the following questioning: But unlike most tweets, Jack’s idea flourished into a law review article that now stands as the 2nd most-often cited article in judicial opinions of all time (and only 40 citations behind Justice Louis Brandeis’s 1st place paper). Jack shares how he came up with the innovation over several long moments of deliberation on Twitter (specifically: about 90 seconds). ![]() The credit (or blame) for introducing this new device goes to Jack Metzler. Have you ever encountered the parenthetical “(cleaned up)” at the end of a case citation? By now over 5,000 judicial opinions in nearly ever jurisdiction have used it, including the U.S. WARNING: This episode contains opinions of a law-nerd nature.
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