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?

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2 Lawyer Answers
Charles William Michaels
Charles William Michaels
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

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.

Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

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.

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