Is a trial court required to follow an appellate court's directions?

California, United States of America


The following excerpt is from Curtis v. Hasbun, B296393 (Cal. App. 2020):

Citing several cases for the general proposition that a trial court is required to follow an appellate court's directions, Curtis argues that "[a]ny material variance from those directions was unauthorized and void." Curtis is correct that "[w]hen there has been a decision upon appeal, the trial court is reinvested with jurisdiction of the cause, but only such jurisdiction as is defined by the terms of the remittitur. The 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 of Los Angeles County (1952) 38 Cal.2d 652, 655.)

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