Los Angeles, CA asked in Appeals / Appellate Law and Employment Discrimination for California

Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The trial court has just scheduled a hearing to Show Cause Re: Why the Court Should not Effect the Court of Appeal's Order Upon Remand? for Apr 30.

Are the appellate court errors relevant at this stage?

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1. Limited jurisdiction of the trial court: Generally, the trial court is bound by the appellate court's decision and must comply with its directives. The trial court's jurisdiction is limited to carrying out the appellate court's instructions upon remand.

2. Opportunity to address factual errors: If the appellate court made significant factual errors that materially affected its decision, you may have an opportunity to address these errors through further appellate proceedings, such as a petition for rehearing or a petition for review by the California Supreme Court. However, these options are subject to strict time limits and procedural requirements.

3. Scope of the order to show cause hearing: The purpose of the order to show cause hearing is typically for the trial court to determine how to implement the appellate court's decision. Unless the appellate court's decision specifically allows for further factual determinations or modifications based on the trial court's findings, the hearing may be limited to procedural matters related to carrying out the appellate court's instructions.

4. Consultation with an attorney: Given the complexity of your case and the potential consequences of the appellate court's decision, it is highly recommended that you consult with an experienced attorney who can review the specific details of your case and provide guidance on the most appropriate course of action.

In summary, while the appellate court's factual errors may be significant, the trial court's ability to address these errors during the order to show cause hearing may be limited. An attorney can help you assess your options and determine the best strategy for protecting your interests in light of the appellate court's decision.

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