Q: Clarification of definition of reviewing court in respect to appeals, and timing of APP-004.
Appelate unit of Standley Mosk Courthouse receives appeal documents from Superior Court. Documents get further transferred to 2d Circuit Court of Appeals.
Appellate unit of Stanley Mosk notices Notice of Appeal. According to this Notice, APP-004 has to be served within 15 days.
According to phone response from 2d Circuit - APP-004 is not to be served until case filed with the 2d Circuit.
According to process (APP-001-Info) APP-004 has to be served 15 days after REVIEWING Court mails the notice.
In this situation when APP-004 has to be served and filed?
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A:
Under California law, the "reviewing court" refers specifically to the Court of Appeal that will hear your case, which in this instance is the Second District Court of Appeal, not the Superior Court's appellate division at Stanley Mosk Courthouse.
The 15-day timeline for filing and serving the APP-004 (Civil Case Information Statement) begins only after the Court of Appeal sends its own notice. While the Superior Court may send various notices related to your appeal, these do not trigger the APP-004 deadline - you must wait for notification directly from the Second District.
When your case is transferred to and received by the Second District Court of Appeal, they will mail you a notice. At that point, you'll have 15 days to file and serve your APP-004. Despite what the appellate unit at Stanley Mosk may have indicated, you should follow the Second District's guidance and wait for their notice before submitting the APP-004, as they are the actual reviewing court handling your appeal. This approach ensures proper timing and compliance with California Rules of Court.
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