California Supreme Court Matters

Review by the California Supreme Court Is Discretionary

For most matters, a decision by a California Court of Appeal does not create a right to another appeal before the California Supreme Court.

Instead, a party may ask the Supreme Court to exercise its discretionary authority to review the Court of Appeal's decision.

That distinction is important. A petition for review generally should not simply repeat the arguments made in the Court of Appeal or argue that the lower appellate court reached the wrong result.

The petition must address why the case presents an issue that warrants review by the state's highest court.

Grounds for Supreme Court Review

The California Supreme Court's principal institutional role includes maintaining the uniformity and development of California law.

Under the California Rules of Court, important grounds for review include circumstances where Supreme Court consideration is necessary to:

• Secure uniformity of appellate decisions; or
• Settle an important question of law.

Other grounds for review exist, but these considerations frequently illustrate the difference between an ordinary appeal and a petition for review.

A case may therefore present substantial legal error without necessarily presenting the kind of issue the Supreme Court is likely to select for review.

The analysis should consider not only the effect of the Court of Appeal decision on the parties, but also the significance of the legal issue beyond the particular case.

• California Rules of Court — Petition for ReviewJudicial Council of California courts.ca.gov

The Petition for Review

A petition for review asks the California Supreme Court to select the case for further consideration.

The petition identifies the issues presented and explains how the case satisfies a recognized ground for Supreme Court review.

This requires a different emphasis from ordinary appellate briefing.

The central question is often not simply:

Why was the Court of Appeal wrong?

but also:

Why should the California Supreme Court take this particular case?

That may require consideration of conflicting appellate authority, uncertainty in existing law, recurring legal issues, the broader consequences of the appellate decision, or another reason the issue warrants resolution by the Supreme Court.

The Importance of Issue Selection

A petition for review benefits from disciplined issue selection.

A Court of Appeal case may involve numerous disputed rulings or arguments, but Supreme Court review generally focuses on legal questions of broader significance.

Identifying the issue that best presents a basis for Supreme Court review can therefore be more important than attempting to reproduce every argument previously made in the appeal.

The California Rules of Court require a petition to begin with a concise statement of the issues presented for review and to explain how the case presents a ground for Supreme Court review.

The Court of Appeal Record Matters

Supreme Court strategy remains closely connected to what occurred in the Court of Appeal and the trial court.

As a policy matter, the California Supreme Court ordinarily will not consider an issue that was not timely raised in the Court of Appeal.

The Court of Appeal's description of the facts and issues can also become important when further review is sought. In appropriate circumstances, a petition for rehearing in the Court of Appeal may therefore have significance beyond simply asking that court to change its decision.

Potential Supreme Court review should consequently be considered in the context of the entire appellate history rather than as an entirely new proceeding disconnected from the courts below.

• California Civil Appeals
• California Writ Petitions

Timing and Finality

The time for seeking California Supreme Court review is governed by the current California Rules of Court and is closely connected to the finality of the Court of Appeal decision.

Finality and filing requirements can depend upon the nature of the Court of Appeal decision and the particular proceeding.

A party considering Supreme Court review should therefore identify and apply the current governing rules promptly rather than calculate a deadline from generalized website information.

• California Rules of Court — Rule 8.500Judicial Council of California courts.ca.gov

California Matters and the California Supreme Court

Appeals arising from any California superior court that fall within the jurisdiction of the Court of Appeal generally proceed first through one of the six appellate districts.

After a Court of Appeal decision, an appropriate matter may present the question whether California Supreme Court review should be sought.

At that stage, the focus shifts from ordinary appellate error correction to whether the case presents a reason for the Supreme Court to exercise its discretionary review authority.

• California Appeals Before the Courts of Appeal
• Appeals From California Superior Courts

• Supreme Court of CaliforniaSupreme Court of California supreme.courts.ca.gov

If Review Is Granted

If the California Supreme Court grants review, the proceeding moves beyond the petition stage.

The Court may identify the issues to be briefed and considered, and the parties may proceed with merits briefing and oral argument under the applicable Supreme Court rules and orders.

The questions ultimately reviewed may therefore be narrower than all of the issues originally litigated in the trial court or Court of Appeal.

Supreme Court advocacy requires attention not only to the individual dispute, but also to how the proposed rule of law may operate in other cases throughout California.

Civil and Criminal Matters

California Supreme Court review may arise from both civil and criminal appellate proceedings.

Mr. Ogden is available to consult concerning appropriate civil and white-collar criminal matters involving potential California Supreme Court review.

In criminal matters, additional considerations may apply depending upon the nature of the proceeding and the purpose for which Supreme Court review is being sought.

White-Collar Criminal Appeals

Evaluating a Potential Petition for Review

Evaluation of a potential California Supreme Court matter may include consideration of:

• The Court of Appeal decision
• The issues decided below
• Whether the issue was preserved and presented in the Court of Appeal
• Whether appellate decisions are in conflict
• Whether the case presents an important or recurring question of California law
• The broader significance of the issue
• The procedural posture of the case
• The finality of the Court of Appeal decision
• Applicable Supreme Court deadlines
• Whether rehearing or another procedural step should be considered
• The practical objectives of seeking further review

Because Supreme Court review is discretionary, the analysis differs materially from determining whether a party has a viable appeal as of right.