Rancho Cucamonga, CA asked in Appeals / Appellate Law and Libel & Slander for California

Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal court makes a decision?

2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Appeals & Appellate Lawyer
  • Mill Valley, CA
  • Licensed in California

A: You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney fees to do this. You must act right away, or lose your rights.

James L. Arrasmith
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Answered
  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, you cannot "appeal an appeal" in the traditional sense. However, if the defendant has filed an appeal against the restraining order, you have the right to respond to that appeal. This response is your opportunity to address and counter the points raised in the defendant's appeal, including any factual inaccuracies or misrepresentations.

Your response should be filed with the appellate court handling the case. It's essential to adhere to the court's rules and deadlines for filing a response. In your response, you can present your arguments and evidence to refute the claims made by the defendant's lawyer.

If the appellate court rules in favor of the defendant, you may have the option to petition for a review of the decision by the California Supreme Court. However, this is generally reserved for cases involving significant legal issues, and the Supreme Court accepts only a small percentage of such petitions.

Given the complexities of appellate procedures and the importance of presenting a strong legal argument, it might be beneficial to seek legal assistance. An attorney experienced in appellate law can help ensure that your response effectively addresses the points raised in the appeal and adheres to the procedural requirements of the appellate court.

Remember, the appellate process is focused on legal arguments rather than re-litigating the facts of the case, so your response should concentrate on legal errors or misinterpretations in the appeal.

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