Berg
People v. Berg
Opinion
Lead Opinion
Aaron, J.
*859 I.
INTRODUCTION
In Griset v. Fair Political Practices Com. (2001) 25 Cal.4th 688 , 701, 107 Cal.Rptr.2d 149 , 23 P.3d 43 ( Griset II ), the California Supreme Court explained, "An unqualified affirmance 'ordinarily sustains the judgment and ends the litigation.' " The Griset II court applied this principle in concluding that a trial court lacked jurisdiction, after the unqualified affirmance of its prior judgment, to consider a party's renewed motion for summary judgment based on a change in the law. ( Id. at pp. 694-695, 701, 107 Cal.Rptr.2d 149 , 23 P.3d 43 .) The Griset II court ruled that the trial court's "later judgment [on the renewed motion for *860 summary judgment] was void insofar as it encompassed or rested upon a redetermination of the merits of the litigation." ( Id. at p. 701, 107 Cal.Rptr.2d 149 , 23 P.3d 43 .)
In this case, the trial court granted petitioner Jason A. Berg's petition for writ of habeas corpus, and we issued an opinion in a prior appeal that constituted an "unqualified affirmance" ( Griset II , supra , 25 Cal.4th at p. 701 , 107 Cal.Rptr.2d 149 , 23 P.3d 43 ) of the order granting the petition. ( In re Berg (2016) 247 Cal.App.4th 418 , 202…