If unsatisfied with a decision regarding an appeal, is a Petition for Rehearing possible?
The Court of Appeal has the authority to grant a Petition for Rehearing, pursuant to Rules of Court, Rule 25. A majority of the justices must concur. The grounds for a rehearing have been established by case law, and include the following: (1) omission or misstatement of issue or fact; (2) mistake of law; (3) decision based upon an issue which was not briefed; (4) imperfect or impractical directions to the Superior Court; and (5) procedural defect. In re Jessup’s Estate (1889) 81 Cal. 408; Adoption of Alexander S. (1988) 44 Cal.3d 857; Kenney v. Kenney (1954) 128 Cal.App.2d 128; Moles v. Regents of University of California (1982) 32 Cal.3d 867. The petition must be filed within 15 days after filing of the decision. The Court of Appeal will retain jurisdiction for 30 days from filing of the decision, and if it fails to act, the petition will be deemed denied. Rules of Court, Rule 25(a)(2).
