Appellate Practice
In our court system, judges apply and interpret the law. In the United States, there are state and federal courts. Most court cases are heard by state courts. All courts, state and federal, are Common Law courts, because they have the power to create law. This lawmaking ability is usually exercised by the higher appellate courts.
The Trial Court is where a judge or jury decides what happened. Gerro & Gerro appears primarily in the trial court known as the California Superior Court for the County of Los Angeles. If you have a legal dispute in Los Angeles County, it will most likely be heard by that court.
Some court decisions are Appealable, meaning that the California Court of Appeal decides whether the trial court made a mistake. The appellate court is more concerned with law than facts. When on appeal, Three Justices issue an Opinion explaining their reasoning. Reported opinions create binding precedent. On average, the appellate court only finds a mistake worth Reversing about 16% of the time. Most appeals happen at the end of the case, but some happen sooner. The deadline to file an appeal is Jurisdictional, meaning that the appellate court will not hear an untimely appeal.
If you have a right to appeal, you must correctly file a Notice of Appeal. If you have no right to appeal, you may ask the appellate court to hear your case anyways by filing a Petition. Appellate courts will only grant petitions for time-sensitive, extraordinary, or important issues. For example, the appellate court only grants less than 5% of Petitions for Writ. In rare situations, the California Court of Appeal decisions can be appealed again to the California Supreme Court. The California Supreme Court only grants about 5% of Petitions for Review. If you ask the California Supreme Court to hear your case, and they grants review, then your chances of winning are about 60%. In the California Supreme Court, Seven Justices decide each case.