Strategic Concepts, LLC v. Beverly Hills Sch. Dist., No. B264478M (D2d6 Jun. 6, 2018)
A while back, the Court of Appeal reversed and remanded a jury verdict for the plaintiff. The reversal was without qualification; it put no limit on the issues to be decided on remand. On a petition for rehearing, however, plaintiff asks for the modification of some facts in the opinion, arguing they will give her a problems on remand. The Court of Appeal doesn’t agree. In a situation where there’s an unqualified reversal and remand of a trial verdict, the facts recited in an appellate opinion aren’t binding on the ultimate merits. Which makes sense, since the Court of Appeal generally isn’t allowed to find facts on the first instance.
Reversed and remanded.
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