6-2. What if my settlement includes a stipulated request for reversal of the trial court judgment?

A. Stipulated requests for a reversal of the judgment ordinarily are heard by the writ panel, unless the appeal already has been assigned to a panel for decision. The court issues a written decision, explaining why the stipulated request for reversal of the trial court judgment does (or does not) satisfy the statutory criteria in Code of Civil Procedure section 128, subdivision (a)(8).

B. Any stipulated request for reversal must be signed by all counsel, and served on the parties and on all clients. (The proof of service need not include the clients' addresses.) Include also a copy of the judgment, a memorandum of points and authorities (explaining why a stipulated reversal meets the statutory criteria in Code Civ. Proc. § 128, subd. (a)(8), and a "Joint Declaration."

C. The Joint Declaration should describe the following: (1) the parties and factual and legal issues presented at trial; (2) whether the judgment involves important public rights or unfair, illegal or corrupt practices, or torts affecting a significant number of persons, or otherwise affects the public or a significant number of persons not parties to the litigation, (3) whether the judgment is against a state licensee, and, if so, whether it will subject him or her to any possible disciplinary proceeding; (4) whether the judgment may have collateral estoppel or other effects in potential future litigation and, if so, whether any third parties who might be prejudiced by stipulated reversal of the judgment have received notice of the stipulated request, and (5) whether the judgment involves discretionary determinations by the trial court that cannot be reversed by stipulation of the parties alone without independent appellate review. (Click here for more information.)