Q: appealing order denying motion to vacate judgement
Please provide example, when deadline for appealing order denying motion to vacate judgement is governed by 8.108(c), not by 8.104(a)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California civil cases, Rule 8.108(c) governs appeal deadlines when you file specific post-judgment motions, including a motion to vacate the judgment under CCP § 663.
One key example is when you file a motion to vacate based on incorrect or erroneous legal basis for the judgment. In this case, Rule 8.108(c) extends your time to appeal until the earliest of: 30 days after the superior court clerk or party serves the order denying your motion to vacate, or 90 days after you filed the first valid motion to vacate.
This differs from Rule 8.104(a)'s standard appeal deadlines, which would normally give you 60 days after service of notice of entry of judgment. The extension under 8.108(c) becomes crucial when you need additional time to evaluate the denial of your motion to vacate and prepare your appeal accordingly.
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.
