USA – CALIFORNIA LAW AND PRACTICE Contributed by: Nora Sheriff, Gwenneth O’Hara, Robert Dato, Efrat Cogan, Samir Hafez and Antonio Carrejo, Buchalter
14.3 Wasted Costs These issues fall outside the scope of the con - tributor’s practice.
state, and a reviewing court has the power to invalidate legislation on constitutional grounds. However, grounds for doing so are limited. 13.3 Mandating Government Action Through Court Orders A court reviewing a CPUC decision has the usual power to remand for further proceedings con - sistent with the appellate opinion. Where discre - tion is vested in the CPUC on how to act, the remand will generally mandate that the CPUC body hold further hearings consistent with the Court’s decision. 13.4 Next Steps Where a Decision Is Found Unlawful If, upon review of an Application for Rehearing, the Commission finds legal error did occur, it will issue an order granting the relief necessary to correct for the error. Typically, the order will cor - rect for legal error by adopting modifications to the erroneous portions of the challenged Deci - sion or Resolution. If the courts find a CPUC decision to be unlaw - ful, the unlawful decision will be annulled and remanded to the CPUC. 14. Costs 14.1 Mechanisms to Protect Claimants From Excessive Costs These issues fall outside the scope of the con - tributor’s practice. 14.2 Public Interest Costs These issues fall outside the scope of the con - tributor’s practice.
15. Appeals 15.1 Right to Appeal
It is possible to appeal a judgment in a challenge to a CPUC decision. The procedure for challeng - ing a CPUC decision is to file a petition for writ of review with the California Court of Appeal. If the petition for writ of review is denied by the Court of Appeal, an aggrieved party may appeal the judgment by filing a petition for writ of review with the California Supreme Court. 15.2 Appeal Forums Nearly all petitions seeking review of a CPUC Decision are filed in the Court of Appeal. How - ever, a petition may be filed with the California Supreme Court. Furthermore, challenges to a Court of Appeal order denying a petition may be appealed by filing a petition for writ of review with the California Supreme Court. 15.3 Permission to Appeal Any aggrieved party may file a petition for review; permission of the lower court is not required. 15.4 Rehearing of Appeal? Judicial review of CPUC decisions is limited to the specific grounds set forth in Public Utili - ties Code Section 1757, as discussed in 10. Grounds .
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