Tuesday, October 8, 2013

VICTORY OVER CHASE: CHASE'S LETTER TO DEPUBLISH THE COURT'S DECISION -...

VICTORY OVER CHASE: CHASE'S LETTER TO DEPUBLISH THE COURT'S DECISION -...: October 4, 2013 Chief Justice Tani G, Cantil-Sakauye and the Associate Justices Supreme Court of California 350 McAllister Street San ...

1 comment:

  1. Hi,

    Thanks for your interest. I have argued 3x at the Cal Supreme Court a long time ago.

    The letter I sent was sent by regular mail. The Supreme Court gets a LOT of mail so it can take a while for it to get it on the docket. They probably got more mail than usual on Glaski. I am going to have my secretary call Monday to make sure they got it and they know there is opposition. (I forgot to put something in my letter and am in fact going to supplement it.)

    Typically, the Cal Supreme Court will only depublish if the decision is wrong in some significant way, such that it would mislead the bench and bar if it remained as citable precedent.' They don't do it just to reconsider the opinion of the Court of Appeal. If someone wants to challenge the Court of Appeal they have to use the usual Petition procedure. The fact that the banks took the "chickens" way out , indicates to me that they are afraid to ask the court in the usual way to reverse the decision. I really doubt the Court will depublish it. They will quickly see that if the banks were serious they would have done a regular appeal.

    They only had 10 days to file a regular Petition so if depublication doesn't work, they are history:

    The petition for review must be served and filed within 10 days after the Court of Appeal decision becomes final, as explained in California Rules of Court, rules 8.500(e) and 8.264. Any party opposed to review may file an answer to the petition, or may ask the court to review additional issues in the case.

    I THINK THEY DID THIS BECAUSE THE LAST THING THEY WANT IS A DECISION FROM THE HIGHEST COURT IN THE STATE AGAINST THEM.

    It can take them a long time to decide these things too. Especially with the budget constraints.

    ReplyDelete