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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.