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Court Opinion – California Appellate Courts
In some cases, a party who wins may also be able to ask the other party to pay for their attorney fees.
After the court issues a remittitur (the final step in an appeal), the winning party can file a memorandum of costs in the trial court. The trial court will process the request and send notice to the parties about next steps. If the parties have questions about reimbursement of appeal costs, they can contact the trial court.
Read the California rules of court about asking for reimbursement of costs and contesting a reimbursement request
Challenging the Court’s Opinion or Order
A party who lost the appeal can accept the Court of Appeal’s opinion and do nothing in response. But if a party is unhappy with the Court of Appeal’s opinion, there are two ways to challenge the decision: file a petition for rehearing or file a petition for review. A party may challenge the opinion if they believe the court stated the facts or the law incorrectly, or failed to consider an issue raised by the parties.
If the court issues a dismissal order because of a procedural default, the appellant can ask for a rehearing by filing a motion to reinstate the appeal.
Choose an option to learn more
Petition for rehearing in the Court of Appeal
Motion to reinstate an appeal in the Court of Appeal
Petition for review in the California Supreme Court
What Happens Next
The Court of Appeal has jurisdiction – or legal authority to make rulings – over an appeal case for 30 days after the date it issues an opinion.
Any party can file a petition for rehearing or motion to reinstate the appeal within 15 days after the Court of Appeal issues an opinion or order. If no one challenges the Court of Appeal’s opinion or order, then the decision becomes final in the Court of Appeal after 30 days. A party may then file a petition for review in the California Supreme Court.
If no one files a petition for review, the California Supreme Court can still elect to review the case, but this is very rare. After the time for the Supreme Court to review the case has passed, the Court of Appeal will then issue a remittitur transferring jurisdiction of the case back to the trial court.
The Superior Court of California - County of Ventura - FAQs
There is also a $100 deposit for the Clerk's 
 transcript required at the time of filing, payable to the Ventura Superior Court.

Q:  Can the fees for filing an appeal be waived?
A:  If you qualify for a fee waiver, you may get the fees waived, except for the fees required to pay for court reporterâs transcripts.

Q:  Are forms provided for filing an appeal?
A:  There are Judicial Council forms for filing all types of appeals.

Q:  What is the fastest way for me to get the forms and are they available on the Internet?
A:  Forms are available at the forms kiosk in the clerk's office and in the Self-Help Legal Access Centers. There is no fee for the forms. Forms are also available 
 on the court website and can be completed online at this webiste by visiting the On-Line Forms section. Forms can also be received by mailing a written request identifying the 
 form(s) requested and a self-addressed, stamped return envelope to the court.

Q:  Are there instructions available for filing an appeal?
A:  There are Judicial Council information forms for filing Civil Limited, Civil Unlimited, Misdemeanor and Infraction appeals. The Law Library has code books available for public use.

Q:  Where can I get information about filing an appeal?
A:  The rules on appeal are technical. It is helpful to have the advice of an attorney, but it is not required. The California Rules of Court control many of the 
 details of an appeal to the Superior Court. These rules should be followed exactly and may be found in any law library.

Q:  Where do I file my appeal?
A:  The Ventura Superior Court Local Rules, Rule 2.02.01, require Notice of Appeal and all documents relating to the completion of the appellate record must be 
 filed with the Appeals Clerk located in the Ventura Courthouse. This rule appiles to Civil Unlimited, Family Law, Mental Health, Probate and Felony Criminal appeals.
Notice of Appeal and all documents relating to the appeal in a Juvenile Dependency or Juvenile Delinquency case must be filed at the Juvenile Courthouse located in Oxnard.
The Superior Court of California - County of Ventura - FAQs
This option may be elected by parties for cultural or religious reasons or because one of the 
 parties has significant medical needs and may not be able obtain health insurance once no longer married to the spouse. After 
 a Judgment of Legal Separation is entered, either party may file a separate dissolution action to terminate the marital status 
 but may not reopen the issues already decided in the Legal Separation. 

NULLITY can only be filed if certain grounds exist which the party can prove. Unlike Dissolution or Legal Separation 
 actions, the party requesting the Nullity must prove to the court that sufficient grounds exist to annul the marriage. If the party 
 can do so, the marriage will be annulled and the marriage has ânever existedâ.

PETITIONER and RESPONDENT are the titles given to the parties in Family Law matters. The PETITIONER is 
 the party who starts the case. The RESPONDENT is the opposing (or Responding) party. The parties never 
 âswitch titlesâ. Even if the Respondent is filing for a hearing as the âmoving partyâ he or she will never become the Petitioner. 
 The Petitioner remains the Petitioner even if responding to a Motion or OSC.

DATE OF SEPARATION is the date the parties have a âparting of the ways with no present intention of resuming 
 marital relationsâ and there is conduct which evidences a complete and final break in the marital relationship. This may not mean 
 that the parties actually live separate and apart but is an intention to not remain married with actions that support this 
 intention. This date is important as this is the date the community estate ends and all property or debts acquired after this 
 date are separate.

COMMUNITY PROPERTY is any property, whether real or personal, which has been acquired by the parties during 
 the marriage. This property is owned equally by the parties. The same applies to debts acquired during the marriage.

SEPARATE PROPERTY is any property, whether real or personal, acquired by a party before they married, after 
 the date of separation with separate funds or during the marriage by gift or inheritance. This property belongs solely to the party acquiring it.
Respondent’s Brief – California Appellate Courts
In de novo review, the Court of Appeal does not defer to the decisions made in the trial court. Instead, the Court of Appeal looks at the issue as if the trial court had never ruled on it. This type of review is generally limited to issues involving questions of law. It is the most favorable standard of review for an appellant.
Abuse of discretion. During a trial, the judge uses his or her discretion to decide on many things. This includes whether or not to allow discovery, admit evidence, issue restraining orders, award damages, and more. When an appellant argues that “abuse of discretion” standard applies in the case, they must prove that the trial court judge’s decision “exceeded the bounds of reason.” Since the Court of Appeal generally defers to the trial court’s exercise of discretion, this type of appeal is difficult to win.
Substantial evidence. This standard is used when an appellant is arguing against the factual findings of a judge or jury after a trial. The Court of Appeal reviews the record and decides whether a reasonable fact-finder could have come to the same conclusion as the trial court. The Court of Appeal does not decide whether it would have reached the same factual conclusions as the judge or jury. This kind of appeal is difficult to win because it argues that the trial court did not consider or understand all the evidence, believed the wrong witnesses, or failed to properly weigh the evidence. The Court of Appeal will reject this kind of argument if there is any substantial evidence –contradicted or not – that supports the trial court’s finding of the facts.

 
 How is the Statement of Facts prepared if there was no trial? The statement of facts in an appeal brief will be different if the case was dismissed without a full trial.
Cases are commonly dismissed without a full trial in two ways: demurrer or summary judgment. If there was no trial in your case, you should consider doing legal research or talking to a lawyer to get help preparing your Statement of Facts. 
Here are some general considerations for an appeal of these common types of dismissals.
Demurrer
A demurrer ruling is an order but by statute it may be appealed. The order must say the case is dismissed.
Appeals | Superior Court of California | County of Tulare
The notification shall include the number and title of the action and the date the notice of appeal was filed.
Time for Filing: Please refer to the California Rules of Court for specific time requirements.
Fees: Please refer to the Uniform Civil Fee Schedule for information regarding fees.
Cross-Appeal: When a timely notice of appeal is filed, any other party may file a notice of appeal after mailing of notification by the trial court clerk. Please refer to the California Rules of Court for specific time requirements.
Notification of Cross-Appeal: The clerk of the trial court shall mail a notification of the filing of the notice of cross-appeal to the attorney of record of each party other than the cross-appellant, or to the last known address of the party if not represented.
Designation of Record: The appellant shall serve on the respondent and file with the clerk of the trial court a designation of record. Please refer to the California Rules of Court for specific time requirements.
Designation by Respondent: After service of the appellant's designation, the respondent may serve on the appellant and file with the clerk a notice designating additional papers or records. Please see the California Rules of Court for specific time requirements.
Estimate of Cost: Once the time to designate has expired, the clerk shall notice the parties an estimate of costs to prepare the clerk's and/or reporter's transcripts. Payment is due within 10 days of the notification from the clerk.
Agreed or Settled Statement: See the California Rules of Court.
Correction of Record: Upon completion of the clerk's and/or reporter's transcripts, the clerk will mail notice thereof. After mailing of the notice, any party may file a request for correction. If no request for correction is filed within the time allowed, the clerk shall certify the record as correct. Please refer to the California Rules of Court for specific time requirements.
Transmission and Filing of Record: Once all fees have been paid and the record has been certified as correct, the clerk will transmit the record to the reviewing court.
Hearing: Upon receipt of the record from the trial court, the appellate clerk shall set the matter for hearing and notice all parties.
Appeals | Superior Court of California | County of Tulare
The filing effects a dismissal of the appeal and restores the superior court's jurisdiction. The superior court clerk must promptly notify the Court of Appeal and the parties of the abandonment or stipulation.
Request to Dismiss: After the record is filed in the Court of Appeal, the appellant may serve and file in that court a request or a stipulation to dismiss the appeal. On receipt of a request or stipulation to dismiss, the court may dismiss the appeal and direct immediate issuance of the remittitur.
Approval of Compromise: If a guardian or conservator seeks approval of a proposed compromise of a pending appeal, the Court of Appeal may, before ruling on the compromise, direct the trial court to determine whether the compromise is in the minor's or conservatee's best interests and to report its findings.
Appeals Reviewed by the Lower Court
Limited Civil Cases
(for less than $25,000.00: includes Unlawful Detainers)
You must file the appeal after the date of mailing the notice of entry of judgment by the clerk of the court or after service of the notice of entry of judgment by any party or the party filing the notice of appeal, whichever is earliest.
Listed below is the procedure, pursuant to the California Rules of Court, from the time the appeal is filed until the record is complete and sent to the reviewing court.
Notice of Appeal: The notice of appeal shall be filed with the clerk of the trial court and shall be signed by the appellant or their attorney.
Notification by Clerk: The clerk of the trial court shall mail a notification of the filing of the notice of appeal to the attorney of record of each party other than the appellant, or to the last known address of the party if not represented. The notification shall include the number and title of the action and the date the notice of appeal was filed.
Time for Filing: Please refer to the California Rules of Court for specific time requirements.
Fees: Please refer to the Uniform Civil Fee Schedule for information regarding fees.
Cross-Appeal: When a timely notice of appeal is filed, any other party may file a notice of appeal after mailing of notification by the trial court clerk. Please refer to the California Rules of Court for specific time requirements.
Glossary – California Appellate Courts
It must clearly explain what the appellant claims were the legal errors made by the trial court, and why those errors are so important that the trial court’s decision should be changed.ApelaciónPedido a una corte superior para que revise la decisión de una corte inferior a fin de determinar si existió un error de derecho. La corte superior determinará si la decisión de la corte inferior debe ratificarse, revertirse, anularse o modificarse. El reglamento de la corte determina si el caso debe presentarse ante la Corte de Apelaciones o ante la División de Apelaciones de la Corte de Primera Instancia.Apelación frívolaApelación presentada como hostigamiento a la parte demandada o con fines de demora, o una apelación totalmente carente de mérito.ApeladoLa persona que responde a una apelación.ApelanteAquel que apela una decisión de una corte ante una corte superior.ApéndiceUn apéndice es un documento elaborado por una parte (o partes) que se utiliza en lugar de la transcripción del secretario de la corte (ver definición de transcripción del secretario de la corte). El apéndice debe cumplir con lo establecido en el Artículo 8.124 del Reglamento de Cortes de California.AppealA request to a higher court to review the decision of a lower court to determine whether a mistake of law occurred. The higher court will determine if the lower court decision should be affirmed, reversed, vacated, or otherwise changed. The rules of court determine if a case should be filed with the Court of Appeal or with the Appellate Division of the Trial Court.Appealable orderA court order or judgment that meets the legal requirements to appeal. The court has rules about which decisions can be appealed. There are also strict deadlines to file an appeal.AppellantThe person that appeals a court’s decision to a higher court.Appellant’s Opening BriefThe first brief written by the appellant.
The Superior Court of California - County of Ventura - General Civil Law
Failure to file a response 
 may lead to a judgment being entered against you.

Orders to Show Cause and Motions

Motions together with proof of service must be served and filed at least 16 court days before the hearing and must contain the correct date, time and courtroom for the hearing.
The fee for filing a motion is $60.00 if the first appearance fee has already been paid.
Noticed or Ex-parte motions are heard at various times. Some civil courtrooms have limits on the number of ex-parte hearings and Law & Motion matters that can be scheduled 
 each day. These courtrooms require the parties to call in advance and reserve a hearing date and time. Parties are encouraged to call the Civil Unit at 805-289-8525 to 
 determine if the courtroom their case is assigned to requires a reservation and for additional information on how to reserve a hearing.
Noticed and Ex-parte motions must be filed in the courthouse in which the department of the appropriate judge is located.

Civil Appeals

In an appeal, a higher court reviews the order or judgment of a lower court. Any party may appeal from an unfavorable decision based upon whether there was 
 enough evidence to support the judgment or whether errors of law were committed during or before trial which harmed the appealing party.
The fee for filing an appeal from a decision in a limited civil case with a jurisdictional amount up to $10,000.00 is $225.00 and the fee in a limited civil 
 case with a jurisdictional amount over $10,000.00 and up to $35,000.00 is $370.00. The fee for filing an appeal from a decision in an unlimited civil case 
 decision is $775.00 payable to the District Court of Appeal and $100.00 payable to the Ventura Superior Court as deposit for the clerkâs transcript. The form 
 for filing an unlimited civil appeal is Judicial Council form âNotice of Appeal/Cross-Appealâ (APP-002). 
 There is no form available to file an appeal in a limited civil case and the form must be self-drafted.
Courts of Appeal - DCA
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Ronald Reagan State Building
300 S. Spring Street
2nd Floor, North Tower
Los Angeles, CA 90013
E-mail Us
Tel: (213) 830-7000
Clerk’s Office Hours: 9:00 a.m. to 4:30 p.m.
Divisions 1 - 5, 7 & 8
Located in the Ronald Reagan State Building, the court is near the Los Angeles Civic Center, at the corner of 3rd & Spring Streets. The court is freeway accessible from both the 110 freeway (4th street exit) & 101 freeway (Spring Street exit), with public parking available across the street from the building.
The pedestrian entrance to the Ronald Reagan State Building is located on Spring Street between 3rd and 4th Street. The building is located on the corner of 3rd and Spring Street.
Courtroom: 
The Courtroom is located on the Third Floor of the Ronald Reagan State Building and is accessible from either tower, but the simplest route is via the north tower.
If you are taking the stairs next to the pillar with North Tower printed on it, when you reach the third floor, turn left and take the small walkway to the Courtroom.
If you are taking the elevator to the right of the pillar with North Tower printed on it, when you reach the third floor, exit the elevator to the right. Proceed to the right and take the small walkway to the Courtroom.
Parking:
Broadway Spring Center Garage (Spring between 3rd and 4th )
Broadway Spring Center Parking Lot (4th between Spring and Broadway)
Joe's Auto Parks (Multiple locations nearby)
Paragon Parking (between the Ronald Reagan State Building and the Banco Popular Building)
When traveling East or West
Exit the 110 Freeway at 4th Street, go 4 blocks to Main Street
When traveling North or South
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