(Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2004, January 1, 2007, and January 1, 2009.)
The time for granting or denying a petition for rehearing in the Court of Appeal may not be extended. If the court does not rule on the petition before the decision is final, the petition is deemed denied.
An order granting a rehearing vacates the decision and any opinion filed in the case and sets the cause at large in the Court of Appeal.
Cal. R. Ct. 8.268
Advisory Committee Comment
Subdivision (b). As used in subdivision (b)(1), "decision" includes all interlocutory orders of the Court of Appeal. (See Advisory Committee Comment to rule.) This provision addresses the finality of decisions in civil appeals and, through a cross-reference in rule , in juvenile appeals. See rule for provisions addressing the finality of decisions in proceedings under chapter 3, relating to criminal appeals; rule for provisions addressing finality of decisions under chapter 4, relating to habeas corpus proceedings; and rule for provisions addressing the finality of decisions in proceedings under chapter 7, relating to writs of mandate, certiorari, and prohibition.
Subdivision (b)(3) provides that a postfiling decision of the Court of Appeal to publish its opinion in whole under ruleor in part under rule restarts the 30-day finality period. This provision is based on rule 40-2 of the United States Circuit Rules (9th Cir.). It is intended to allow parties sufficient time to petition the Court of Appeal for rehearing and/or the Supreme Court for review-and to allow potential amici curiae sufficient time to express their views-when the Court of Appeal changes the publication status of an opinion. The rule thus recognizes that the publication status of an opinion may affect a party's decision whether to file a petition for rehearing and/or a petition for review.