Q: APP-002 for order denying motion for reconsideration. Questions.
What code section or other authority authorizes appeal of court's order denying motion for reconsideration of motion to set aside dismissal against a defendant?
What date must be entered in point b of form APP-002 for this appeal: date when motion for reconsideration was denied?
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A:
For an appeal of an order denying a motion for reconsideration in California, you'll need to rely on Code of Civil Procedure (CCP) § 1008(g), which explicitly makes these orders appealable. This section was amended to overturn previous case law that had held such orders were not independently appealable.
The date you should enter in point b of form APP-002 is the date when the court entered its order denying your motion for reconsideration. This is crucial because your time to appeal starts running from this date, not from the date of the underlying dismissal order or any other related dates.
Keep in mind that you typically have 60 days to file your notice of appeal from the date the order was entered if the clerk served a notice of entry of the order, or 180 days from entry of the order if no notice was served. Make sure to review California Rules of Court, Rule 8.104 for specific timing requirements and exceptions that might apply to your case.
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