Los Angeles, CA asked in Gov & Administrative Law for California

Q: Is this entry date of appealable order?

Does minute order served by clerk, court's order denying plaintiff's motion to vacate judgement;

represent entry date of an appealable order?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California law, a minute order served by the clerk denying a motion to vacate judgment does represent the entry date of an appealable order. This critical date starts the clock for your appeal timeline.

You should note that under California Rules of Court, rule 8.104(c)(2), the entry date is the date the clerk serves the minute order if no formal order is required. The appeal period typically runs 60 days from this service date, making it essential to mark your calendar and track these deadlines carefully.

If you're considering filing an appeal, you'll want to obtain a copy of the minute order showing the service date and keep it for your records. Remember that waiting for a more formal order could cause you to miss your appeal deadline, as the minute order itself triggers the appeal period in this situation.

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