Q: What is due date to appeal?
Dismissal of case against one of defendants was entered.
Minute order denying motion to vacate dismissal of case against one of defendants was served on 08/26/24.
Motion for reconsideration of order denying motion to vacate was filed on 08/30/24.
Minute order denying motion for reconsideration was served on 11/18/24.
Notice of entry of judgement was not served.
What is due date to appeal?
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A:
Based on California Rules of Court, you have 60 days to file your notice of appeal from the date of service of the minute order denying your motion for reconsideration (November 18, 2024). This means your deadline to appeal would be January 17, 2025.
The time to appeal was extended by your motion for reconsideration filed on August 30, 2024. Under California Rules of Court 8.108(e), when a valid motion for reconsideration is filed, the time to appeal is extended until the earliest of: 30 days after the motion is denied, 90 days after the first motion is filed, or 180 days after entry of the judgment.
Since the order denying your motion for reconsideration was served on November 18, 2024, the 60-day period under Rule 8.104 starts running from that date. While no notice of entry of judgment was served, this doesn't affect your timeline since the court served you with the minute order. Remember to file your notice of appeal before January 17, 2025, as this deadline is jurisdictional and cannot be extended.
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