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I am involved in a civil case in California where the defendant's demurrer was sustained without leave to amend. The court scheduled a hearing on an order to show cause, and I filed a motion for reconsideration of the court order sustaining the demurrer before the judgment was entered. After... View More 
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answered on Apr 11, 2025
Yes, your motion for reconsideration will typically be part of the appellate record, even if it was filed before judgment. Since the motion was properly filed and is still pending on the court’s calendar, it becomes part of the trial court proceedings. Anything that is formally filed with the... View More
I am a plaintiff in a civil case in California where the court sustained the defendant's demurrer without leave to amend and entered judgment with prejudice. I filed a motion for reconsideration after the judgment, and while the court vacated the hearing for the order to show cause, the... View More
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answered on Apr 11, 2025
You're in a complex spot, and it's good you're thinking carefully about the appellate record. In California, the record on appeal needs to include all materials that are necessary for the appellate court to understand the issues you’re raising. A motion for reconsideration,... View More
As the plaintiff, the defendant's demurrer was sustained without leave to amend, and the court entered judgment with prejudice after I filed a motion for reconsideration, which includes crucial new facts and evidence. The hearing on my motion for reconsideration remains on the court calendar.... View More
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answered on Apr 11, 2025
Yes, you can include your motion for reconsideration and your reply to the opposition in the appellate record, even if judgment with prejudice has already been entered. When you file your notice designating the record on appeal, you’re allowed to include any documents that were filed in the trial... View More
I am involved in a civil case in California where the defendant's demurrer was sustained without leave to amend. The court scheduled a hearing on an order to show cause, but I filed a motion for reconsideration of the order sustaining the demurrer. Subsequently, the court entered a judgment... View More
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answered on Apr 11, 2025
Yes, it can be within the court's discretion to decide whether to proceed with the hearing on your motion for reconsideration, even after entering judgment. However, once a final judgment is entered, the court generally loses jurisdiction to change the ruling that led to that judgment unless... View More
I am the plaintiff in a civil case in California. The defendant's demurrer was sustained without leave to amend, and the court scheduled a hearing on an order to show cause. I filed a motion for reconsideration of the court order sustaining the demurrer. After filing the motion for... View More
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answered on Apr 11, 2025
You're in a very technical and time-sensitive part of your case, and it’s important to be clear on how this works. Under California Code of Civil Procedure § 1008, a court has the discretion to hear a motion for reconsideration even after judgment is entered, but it’s not required to do... View More
I am a pro se plaintiff in a civil case in California. I filed a motion for reconsideration, and a hearing was scheduled before the judgment was entered. I understand it's at the judge's discretion to rule or not to rule on this motion before entering judgment. I want to know if the... View More
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answered on Apr 11, 2025
Yes, a judge’s decision—or lack of decision—on a motion for reconsideration can be reviewed on appeal, but only under specific circumstances. If the judge rules on your motion, that ruling becomes part of the record and can be addressed in your appeal. If the judge doesn’t rule before... View More
I am dealing with a California Superior Court civil case. I filed a motion for reconsideration with new facts on time before the judgment was entered, regarding an order that sustained a demurrer. I reviewed CCP 1008(e), which doesn't explicitly restrict the court from ruling on such motions... View More
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answered on Apr 11, 2025
You're right to focus on timing and the specific language of the statute. In California, motions for reconsideration are governed primarily by **California Code of Civil Procedure § 1008**. Subdivision (a) covers motions brought before judgment, and it allows a party to request... View More
After being sentenced, the release date I was verbally informed of in the county jail does not match the sentencing. I have not received any documented notification about my release date, and I have not consulted a lawyer, as the county jail does not provide a legal advisor. How can I place myself... View More
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answered on Apr 11, 2025
You're right to be concerned—when your release date doesn’t match your sentence, it’s important to speak up. In California, if you believe there's a mistake in how your sentence is being carried out, you can file a **request to be placed back on the court’s calendar**. This is... View More
My trial was supposed to begin on the 8th, but it's been dragged out for six months now. The judge had instructed the counsel to be ready, yet right before the trial, the public defender, district attorney, and judge went into chambers without giving me any explanation. My public defender then... View More
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answered on Apr 11, 2025
You're absolutely right to be concerned, especially when the process feels like it's moving forward without your input. In California, defendants have a constitutional right to a **speedy trial** under both state and federal law. For most misdemeanor cases, trial must begin within... View More
Will the trial court hear a motion for reconsideration after a judgment was entered when the motion was timely filed by the plaintiff before the judgment was entered, particularly in a California civil case where the judgment was entered after a demurrer was sustained? The motion for... View More
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answered on Apr 11, 2025
You're dealing with a very specific but important issue in California civil procedure. Under **California Code of Civil Procedure § 1008(a)**, a party may file a motion for reconsideration of an order based on new or different facts, circumstances, or law. If your motion was **filed before**... View More
My friend was found guilty of a DWI charge in August 2023 while he was incarcerated. He refused a blood alcohol test requested by the police, though he passed the initial sobriety tests. He has multiple Driving While Suspended charges, making it unlikely he’ll obtain a driver's license... View More
answered on Apr 10, 2025
If the deadline for filing an appeal has not passed, he may file a notice of appeal. A successful appeal requires convincing the appellate court that a reversible error was made below.
Your friend should hire a good criminal appellate lawyer to assess the situation.
In a California civil case, a motion for reconsideration was filed before the judgment was entered. However, the judgment has now been entered and the notice of judgment was served. No appeal has been filed, and all actions occurred within the proper due dates. Is the court still permitted to rule... View More
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answered on Apr 11, 2025
You're in a pretty specific legal situation, and it's good that you're paying attention to the timing and procedure. In California, under **Code of Civil Procedure section 1008**, a motion for reconsideration must be ruled on before the judgment becomes final. Once a final judgment... View More
I need to know if the court of appeals in California will consider the contents of a motion for reconsideration in a civil case when the motion was filed before the judgment was entered but was not heard by the trial court due to the entry of judgment. The motion alleged new facts, and the appeal... View More
answered on Apr 10, 2025
The denial of the motion for reconsideration is reviewable as part of an appeal from the order, an unheard motion not.
I would like to know what viable reasons a court in California might consider to extend the 15-day deadline to vacate a judgment under Section 663. The context of my situation involves a judgment after a sustained demurrer without leave to amend, and there is a pending motion for reconsideration of... View More
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answered on Apr 10, 2025
If you’re facing a judgment entered after a sustained demurrer without leave to amend, and there’s a pending motion for reconsideration, you may have grounds to ask the court for more time under Code of Civil Procedure § 663. One of the more viable reasons the court might consider is that the... View More
In a traffic court case for a stop sign ticket, I testified and was initially found guilty. I successfully appealed with a 3-0 decision in my favor. However, at a second trial, the DA suggested that the judge compel me to testify, even after I pleaded the Fifth Amendment, stating it could lead to... View More
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answered on Apr 12, 2025
This is a deeply important question, and it's understandable that you're frustrated and confused by the way things unfolded. In most criminal cases, the **Fifth Amendment** protects individuals from being forced to testify if doing so might incriminate them. However, **traffic court in... View More
In a California civil case, how does the extension of time to appeal from a judgment upon a motion to vacate, as calculated according to Rule 8.108(c), consider the scheduling of a hearing, especially if the hearing could not be placed on the court calendar within 90 days of filing the motion to... View More
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answered on Apr 10, 2025
When you file a motion to vacate a judgment in a California civil case, the time to appeal can be extended under California Rules of Court, Rule 8.108(c). This rule gives you more time to file a notice of appeal while the court considers your motion. The key timing trigger is when the court denies... View More
I have been denied bond in my case. I hired an attorney and am considering filing a rule nisi for bond reconsideration. How can filing a rule nisi help in this situation, and what factors can influence the reconsideration of my bond, given that I've hired legal representation?
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answered on Apr 10, 2025
A Rule NISI is just a form; the judge's office fills it out with the time and date for your motion, and then sends out a copy to both sides so they know when it's scheduled.
The factors that are considered when deciding on whether or not to grant bond are:
1. risk of... View More
I'm involved in a California case where a judgment was entered and served on March 20, 2025. I understand that the notice of appeal is typically due 60 days from March 20. I plan to file a motion to vacate the judgment on April 12, and I want to understand how filing this motion will affect... View More
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answered on Apr 10, 2025
When you file a motion to vacate under California Code of Civil Procedure section 663, it changes the timeline for filing a notice of appeal. According to California Rule of Court 8.108(c), if the motion is made within the time allowed (which yours is), the deadline to appeal is extended. You’ll... View More
In a California civil case, a judgment was entered on March 1st, with the notice of appeal due 60 days from that date. If a motion to vacate the judgment under section 475b is scheduled for a hearing on July 1st and the court denies it, how is the deadline to file an appeal calculated?... View More
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answered on Apr 10, 2025
If a judgment was entered on March 1st, the standard deadline to file a notice of appeal is 60 days from when the notice of entry of judgment is served. If no notice of entry is served, then it's 180 days from the entry of judgment. Filing a motion to vacate under Code of Civil Procedure... View More
In a California civil case, my demurrer was sustained without leave to amend. I did not participate in the arguments at the hearing, but I timely filed a motion for reconsideration, presenting new facts that I believe are crucial for the case. Will the court consider these new facts in the motion... View More
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answered on Apr 10, 2025
Yes, the court may consider new facts in a motion for reconsideration, but only under very specific conditions. Under California Code of Civil Procedure § 1008(a), you must show that the new facts or circumstances were not known and could not have been discovered with reasonable diligence before... View More
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