What jurisdiction does the trial court have when a Court of Appeal reverses and remands with specific directions?

California, United States of America


The following excerpt is from Ross Stores, Inc. v. Superior Court of Alameda Cnty., A150039 (Cal. App. 2017):

Briefly, when a Court of Appeal reverses and remands with specific directions, the trial court's jurisdiction is limited to acting in accordance with those directions. (Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688, 701 ["The order of the reviewing court is contained in its remittitur, which defines the scope of the jurisdiction of the court to which the matter is returned."]; Ayyad, supra, 210 Cal.App.4th at pp. 859-860 ["The issues the trial court may address in the remand proceedings are therefore limited to those specified in the reviewing court's directions, and if the reviewing court does not direct the trial court to take a particular action or make a particular determination, the trial court is not authorized to do so."].) Indeed, "[t]he trial court is empowered to act only in accordance with the direction of the reviewing court; action which does not conform to those directions is void." (Hampton v. Superior Court (1952) 38 Cal.2d 652, 655.)

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