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Can motion under rule 8.54 be submitted without hearing?
Is application, not motion adequate for amending? What rule defines that? Application does not require hearing.
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answered on Dec 21, 2024
Under California Rules of Court Rule 8.54, you can submit a motion without requesting a hearing. This rule specifically states that a hearing will only be held if ordered by the court, meaning most motions are decided without oral argument.
When amending App-002 and App-003 forms, you have... View More 
Rule 8.54 seems to be applicable to motions in appellate court. Does it matter though that motion has to be submitted not to reviewing applate court but to trial court?
Which rule should be also in relevance as well?
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answered on Dec 21, 2024
The primary rule you need to consider is California Rules of Court Rule 8.54, which governs motions in appellate proceedings. However, since you're dealing with a motion that needs to be filed in the Superior Court while the case is pending appeal, you should also look at Rule 8.108, which... View More
CRC 8.100 is IRRELEVANT to amendments of APP-002 and APP-003. Which statute and/or rule defines amendments to already filed APP-002 and APP-003?
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answered on Dec 21, 2024
The California Rules of Court (CRC) Rule 8.25(b) governs amendments to documents filed in appellate courts, including modifications to previously submitted APP-002 (Notice of Appeal) and APP-003 (Appellant's Notice Designating Record on Appeal) forms.
Under this rule, you can amend... View More
Rule 8.108 defines extending time to appeal, NOT amending notices. Which rule defines motion to amend notices app-002 and app-003?
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answered on Dec 21, 2024
California Rule of Court 8.100(a)(2) defines the process for amending notices of appeal, including forms APP-002 and APP-003. This rule specifically states that an appellant may amend the notice of appeal without leave of court at any time before the record is filed.
Under this rule, you... View More
It is not clear if APP-002 and APP-003 have to be served on parties to lawsuit, that are not parties against whom appeal is taken.
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answered on Dec 21, 2024
Yes, you must serve APP-002 (Notice of Appeal) and APP-003 (Civil Case Information Statement) on all parties who are part of the original lawsuit, even if you are not appealing against them specifically.
This requirement stems from California Rules of Court, Rule 8.100(e)(1), which mandates... View More
WHAT STATUTE AND CRC define motion regarding changes to motion of appeal (or application without hearing)?
Is declaration in support of the motion and proposed order required? IIs the amended notice of appeal required?
Particular Changes include adding necessary statutes, (in... View More
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answered on Dec 21, 2024
The California Rules of Court (CRC) Rule 8.100(a)(2) governs amendments to notices of appeal in civil cases, allowing amendments to correct the date of the order being appealed or to add additional orders being challenged. For criminal appeals, CRC Rule 8.304(d) provides similar provisions for... View More
What specific CCP and/or CRC define how to handle the following modifications to notice of appeal.
CCP §§ 663(a)(b), 664 (d) should be added to notice of appeal, along with correct name of respondent (not name of the case in superior case as respondent.
What code of civil... View More
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answered on Dec 21, 2024
Your question involves amending a notice of appeal to include additional statutory references and correct party names. Let's break this down with the relevant rules.
California Rules of Court (CRC) Rule 8.100(a)(2) governs the content requirements for notices of appeal, while Rule... View More
Under which statute or rule modifications in notice of appeal are defined?
Rule 8.155 irrelevant since references records, not notice of appeal.
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answered on Dec 21, 2024
Rule 8.108 governs modifications to notices of appeal in California. This rule specifically addresses amendments to notices of appeal and outlines when such modifications are permitted.
The rule allows you to amend your notice of appeal to correct or add information about the judgment or... View More
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... View More
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answered on Dec 21, 2024
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... View More
and continues hearing other cases against same person
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answered on Dec 21, 2024
If you believe a Texas district judge has wrongfully arrested someone on serious charges like the murder of a peace officer, it's important to take action. You can file a complaint with the Texas State Commission on Judicial Conduct. This body reviews allegations of judicial misconduct and can... View More
Notice of appeal correctly states order that appeal is taken from and against what named defendant.
In title of notice of appeal in defendant/respondent field Name of the case in superior court , ET al. list of defendants is referenced.
Does modification of name of... View More
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answered on Dec 21, 2024
In this situation, a Notice of Errata would be the more appropriate and efficient choice to correct the defendant/respondent information in your Notice of Appeal. This simple procedural correction can address the discrepancy between the full list of defendants and the abbreviated "et al."... View More
APP-003, pages 2-4. In upper section case name must be entered, next to section to enter Superior Court Case number.
Case name that has to be entered must be name of the case in Court of Appeals, or in Superior Court.
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answered on Dec 21, 2024
The case name you need to enter on pages 2-4 of form APP-003 (Notice to Designate Record on Appeal) should match exactly how it appears in your Superior Court case. This maintains consistency with the original proceedings and helps prevent confusion in the appellate process.
When filling... View More
Day before jury trial a exparte motion was filed to change jury trial to bench it was granted citing unlawful detainers in ca are equity matters not subject to California Civil code Procedures 1171 or 592 .There are several legal challengable legal issues with this matter a previous unlawful... View More
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answered on Dec 20, 2024
In California, the right to a jury trial in unlawful detainer cases is protected under Code of Civil Procedure § 1171, which explicitly states that either party may demand a jury trial in these matters. The court's characterization of unlawful detainers as purely equitable matters appears to... View More
What rule defines that appeal documents can be filed with court of appeals by mailing documents?
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answered on Dec 20, 2024
In California, Rule 8.25(b)(3) of the California Rules of Court governs mail filing for appellate documents. This rule specifically allows documents to be filed by mail and considers them timely if deposited in a mail facility, post office, or mailbox before the close of business on the last day... View More
Can App-003 be filed directly with court of appeals? Filing of App-004 is due soon and scheduled by court of appeals.
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answered on Dec 20, 2024
No, you cannot file the APP-003 Notice of Appeal directly with the Court of Appeal. This form must be filed with the superior court where your case was originally heard.
Even though your APP-004 (Civil Case Information Statement) is due to be filed with the Court of Appeal, the initial... View More
Minute order denying motion to set aside dismissal was entered in registered and mailed by clerk. These facts constitute final appealable order? Under which statute?
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answered on Dec 20, 2024
Under California law, a minute order denying a motion to set aside dismissal can constitute a final appealable order when it effectively ends the proceedings in the trial court and leaves no issues for future consideration.
The statutory authority for appealable orders in California is... View More
I had a TPR hearing and my lawyer didn't do her job at all as she was on a high profile murder case as well. There was also what I considered a conflict of interest as part of the people involved in my case (those who called DSS) where also involved in the murder trial. And my lawyer... View More
Mixed question for standard of review of appeal.
Appealable order was: denied order to set aside dismissal against one of defendants.
Dismissal was entered by court on premise that settlement was achieved.
But - dismissal was actually entered on agreement on intentions, that... View More
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answered on Dec 20, 2024
The standard of review for your appeal involves multiple elements that support a de novo review, which would give the appellate court full authority to review the trial court's decision anew.
The primary basis for de novo review stems from the change in statutory authority from CCP §... View More
By the time dismissal of action against a defendant was entered, Plaintiff was ordered to file second amended complaint, after hearing on First Amended complaint. Defendant against whom dismissal was entered filed demurrer before dismissal was entered, with hearing schedule after dismissal. Is it... View More
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answered on Dec 20, 2024
In California appellate practice, you'll want to focus on the operative complaint at the time of the dismissal. Since the court ordered you to file a second amended complaint before the dismissal was entered, that second amended complaint would be the relevant pleading to reference in your... View More
In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More
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answered on Dec 21, 2024
I'm sorry you're going through this difficult situation. The Fourth Amendment protects against unreasonable searches and seizures, while the Fourteenth ensures due process. If you believe CPS acted unlawfully, it’s important to gather all your documentation and evidence related to your... View More
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