Santa Ana, CA asked in Appeals / Appellate Law for California

Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October date when I was first Noticed?

Related Topics:
2 Lawyer Answers
Charles William Michaels
PREMIUM
Answered

A: First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.

A: First, the time requirements for filing a Notice of Appeal are "jurisdictional" meaning if you miss the deadline, you are out of court. IMO you should file your Notice of Appeal right away. You need to consult with a California attorney that handles Appeals because there are very complex rules regarding when the clock begins to run. I make no opinion about when your clock begins or whether you are already too late because the time varies depending on the type of case, small claims and evictions have different time limits. My message is ACT NOW BEFORE IT IS TOO LATE.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.