What is the test for appellate review of a decision by the Superior Court of Appeal against a motion of appeal?
California, United States of America
The following excerpt is from Hargrove v. Kitahara Pontiac Gmc Buick Inc, F059561, No. 09CECG02289 (Cal. App. 2011):
As an appellate court, we review judicial action, not judicial reasoning. (City of National City v. Wiener (1992) 3 Cal.4th 832, 850 (conc. opn. of Baxter, J.) [well-settled principle of appellate review that correct decision of trial court must be upheld even if based on erroneous reasoning].) Regardless of the rationale articulated by the trial court,
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a minor, can a judge substitute his or her judgment for that of another court? (California, United States of America)
