Judges and Judiciary,
California Courts of Appeal,
Appellate Practice
Oct. 3, 2018
Slumming it with facts on appeal, part 2 — going to the 909
As we have seen, sometimes appellate courts do get their hands dirty with facts and will entertain a new fact for the first time on appeal. Judicial notice on appeal is one prosaic example. A more intriguing example is the use of Code of Civil Procedure Section 909.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
The general rule encapsulating the different focus between trials and appeals is that appeals are about law, not facts. Fifty years ago, Justice Byrl Salsman, who had spent about a dozen years as a trial court judge bef...
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