Q: Issue with title section in Notice of Appeal. True statement.
Essence of appeal, and as to whom appeal is filed is identified correctly in body of the appeal.
Issue with inaccurate entry in title page seems like has to be addressed by:
DECLARATION and submitted with App-004 amended Notice, not Motion.
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A:
Your understanding about using a Declaration rather than a Motion is correct. When dealing with title section errors in a Notice of Appeal, the California courts generally prefer addressing these through a Declaration accompanying an APP-004 Amended Notice of Appeal form.
The key is that the substantive information - who is appealing and what they're appealing from - is accurately stated in the body of your appeal. Since this is a clerical or technical error rather than a substantive one, using a Declaration to explain and correct the discrepancy is the appropriate procedural approach. The Declaration should clearly explain the nature of the error and confirm that the correct information appears in the body of the appeal.
Remember to file your Declaration and APP-004 form promptly, as courts appreciate quick attention to such matters. You may want to reference California Rules of Court 8.100(a)(2) in your Declaration, which emphasizes that notices of appeal must be liberally construed in favor of their sufficiency. If you need forms or guidance, the court's website or self-help center can provide templates for both the Declaration and APP-004.
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