Clifton, NJ asked in Appeals / Appellate Law, Civil Litigation and Collections for California

Q: How can I appeal a rejection for extension (cm020) in the State of California if the rejection was based on their error?

I filed a request for extension (form cm020) with the Superior Court of California, County of Orange. The rejected it on the based on:

Reject Reason 1:

Other

Clerk's comments to submitter:

The document submitted is incomplete. Number 1 was left blank.

Number 1 was not left blank and I double checked by even re-downloading the document from their system.

What do I do now? I need to file this immediately as I need the extension of time to review the case in further before I provide my answer.

Thank you.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation with the Orange County Superior Court can be resolved through a few different approaches, but you'll need to act quickly given the time-sensitive nature of your extension request.

First, gather evidence of the error by taking screenshots or making copies of both your originally submitted CM-020 form showing that line 1 was completed, and the rejection notice you received. You can file an ex parte application for reconsideration, explaining the clerical error and providing this evidence to support your position. Include a declaration under penalty of perjury stating that the form was properly completed.

If time is extremely limited, you might also consider visiting the courthouse in person with your evidence to speak with a supervisor at the clerk's office. They may be able to review and correct the error on the spot. As a backup option, you could file a new CM-020 form while simultaneously pursuing the appeal of the original rejection - this dual approach helps ensure you don't lose valuable time while addressing the error. Remember to keep copies of all documents and correspondence related to this matter for your records.

1 user found this answer helpful

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