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

Q: How this issue can be corrected?

If reason for appeal is specific in notice of appeal: order against which defendant is appealed;

but in title section of the notice name of the case is stated, not name of responded:

How this issue can be corrected?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, you can address this issue through an amendment to your notice of appeal. The California Rules of Court allow for amendments to notices of appeal in certain circumstances, particularly when the original notice contains technical defects that don't affect the substantial rights of the parties.

To correct this specific problem, you should promptly file a motion to amend the notice of appeal with the appellate court. Your motion should clearly explain that while the order being appealed was correctly identified in the notice, there was a technical error in the case title section where the respondent's name was omitted. Include a proposed amended notice of appeal with the correct case title, and explain that this amendment would not prejudice any party since the underlying order being appealed remains the same.

Time is crucial in this situation, so you should file your motion as soon as possible. The appellate courts generally take a liberal approach to allowing amendments that correct technical defects, especially when the amendment merely clarifies information rather than substantially changing the scope of the appeal. However, you should be aware that any delay in seeking to amend could potentially work against you, so acting promptly is in your best interest.

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