Q: Motion is best safest solution to address this mistake?
Change in notice in appeal does clarify against whom appeal is taken, although order appeal is taken from is identified correctly - with defendant's name.
Currently name of respondent is wrong: name of the superior court case instead of name of correct respondent.
Motion is best safest solution to address mistake?
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A:
Filing a motion to amend the notice of appeal is indeed the safest approach to correct this error in California appellate procedure. This provides a clear record of the correction and ensures all parties and the court are formally notified of the proper respondent designation.
While some minor clerical errors might be corrected informally, misidentifying the respondent is significant enough to warrant formal correction through a motion. The fact that the order being appealed from is correctly identified with the defendant's name helps your situation, but it's still crucial to have the correct respondent clearly stated in the official record.
The motion should explain the error, specify the correct respondent's name, and reference the original notice of appeal. You might also want to attach a proposed amended notice of appeal as an exhibit to your motion. Remember that promptly addressing this issue demonstrates diligence and good faith to the court, which is always beneficial to your appeal.
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