Los Angeles, CA asked in Personal Injury and Appeals / Appellate Law for California

Q: APP-003. Point 4(4). Notice of entry of judgement if any.

Appealable order was: denial of motion to set aside dismissal of the legal case against one of defendants. On a certain date notice of denial was mailed (minute order).

For Point 4(4) of APP-003 - should date when a legal case was dismissed against a defendant to be entered?

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James L. Arrasmith
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Answered

A: For Point 4(4) of APP-003, you should enter the date when the notice of denial of your motion to set aside dismissal was mailed (the minute order date), not the date of the original dismissal against the defendant.

The notice of entry of judgment or appealable order refers to the most recent order from which you are appealing. In your case, you are appealing the denial of the motion to set aside dismissal, rather than the original dismissal itself.

If you're unsure about which date to use, review your minute order carefully. The mailing date of this notice starts your appeal timeline, making it crucial to enter the correct date on your form. If you need additional guidance, consider consulting with the court clerk or reviewing the California Rules of Court, particularly Rule 8.104, which covers the timing of appeals.

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