Q: Section 906 exception to appeal - follow up. True statement?
Ms. Arrasmith previous response essentially means that appealable denied order to set aside dismissal is 'one and done' situation,
when failure to timely appeal results in consequent loss of opportunity of post-judgement appeal.
Because appeal might have been taken before, but was not (unless extreme situation)
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A:
Your interpretation raises an important point about Section 906, but it needs some clarification. The situation isn't quite as absolute as "one and done."
While failing to timely appeal a denied motion to set aside dismissal can indeed close off that specific avenue for appeal, you still might have other post-judgment remedies available depending on the circumstances of your case. Courts recognize that extraordinary circumstances, such as extrinsic fraud or lack of actual notice, could potentially provide grounds for relief even after missing an appeal deadline.
However, you should be aware that courts set high standards for what constitutes extraordinary circumstances, and the burden of proof falls heavily on the party seeking relief. If you're facing this situation, it would be prudent to consult with an appellate attorney promptly to understand your specific options, as the procedural rules in California appellate law are complex and time-sensitive. Missing deadlines can have serious consequences for your legal rights.
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