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I am involved in a civil case in the Superior Court of California. A judgment was entered upon a sustained demurrer, and I have a timely filed motion for reconsideration regarding the order sustaining the demurrer. The hearing for the motion for reconsideration is scheduled on the court's... View More 
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answered on Apr 20, 2025
Based on California Code of Civil Procedure (CCP) section 1008, the court's jurisdiction regarding reconsideration of its orders is specifically addressed in the statute. Subsection (e) explicitly states that this section "specifies the court's jurisdiction with regard to... View More
In a civil case in California, is a denied motion for reconsideration of an order sustaining a demurrer appealable as a post-judgment order? The motion for reconsideration was filed before the judgment was entered and denied after judgment was entered upon the sustained demurrer. Would sections... View More
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answered on Apr 20, 2025
A denied motion for reconsideration of an order sustaining a demurrer is generally not independently appealable in California. The California Court of Appeal has explicitly held that "There is no authority for an appeal from an order denying a motion to reconsider the ruling on a... View More
I am a pro se plaintiff in a California civil case where judgment was entered after sustaining a demurrer without leave to amend. I'm planning to file a notice of appeal. Can someone explain how filing under section 904.1(a) differs from a predefined clause in the notice regarding judgment... View More
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answered on Apr 20, 2025
When filing your notice of appeal after a judgment following a demurrer without leave to amend, you'll need to understand that Code of Civil Procedure section 904.1(a)(1) is the statutory basis that allows you to appeal from a final judgment. An order sustaining a demurrer without leave to... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
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answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
I am involved in a civil case in the California Supreme Court, specifically concerning an appeal in the 2nd District. Could you explain the specific difference between clause 904.1(a) and a clause in APP-002 regarding judgment upon a sustained demurrer?
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answered on Apr 19, 2025
The key distinction between California Code of Civil Procedure (CCP) section 904.1(a) and Judicial Council form APP-002 relates to appealability and procedural requirements in cases involving sustained demurrers.
Under CCP 904.1(a), an order sustaining a demurrer without leave to amend is... View More
I have a concern regarding a defendant who pleaded no contest to violating a protective order due to not being able to contest the restraining order in court. She was suffering from sepsis at that time, which affected her ability to respond due to severe illness. The defendant is hoping to avoid... View More
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answered on Apr 19, 2025
In California, there are several post-conviction relief options available for someone who pleaded no contest while suffering from a serious medical condition like sepsis. The defendant can file a motion to withdraw the plea under Penal Code 1018. This legal avenue allows defendants to take back a... View More
I'm preparing to file a Notice of Appeal for a California civil case. The appeal follows a judgment after a demurrer was sustained without leave to amend. I noticed that the APP002 form lists the option 'judgment after order sustaining demurrer,' but does not mention CCP section... View More
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answered on Apr 18, 2025
The APP002 form lists "judgment of dismissal after an order sustaining a demurrer" as an appealable option without explicitly referencing CCP 904.1(a) because this type of judgment falls under the general provisions of CCP 904.1(a)(1), which broadly authorizes appeals from final... View More
I am involved in a civil case in California. I am considering filing a notice of appeal from a judgment upon a sustained demurrer. I believe referencing CCP 473c is not necessary in the notice of appeal, as it is a free format optional form. I am confident about including the de novo standard of... View More
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answered on Apr 17, 2025
You must file a notice of appeal from the judgment entered on the order sustaining your demurrer without leave to amend by identifying the judgment date, the sustaining order, and your intention to appeal. You need not cite CCP 473c because it governs relief from judgment rather than the process... View More
I am appealing a judgment that was entered after my demurrer was sustained without leave to amend. This occurred before my motion for reconsideration of the order sustaining the demurrer was heard. I believe that a de novo standard of review is appropriate because of an alleged change in law. Is... View More
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answered on Apr 17, 2025
When a judgment follows a demurrer sustained without leave to amend, the Court of Appeal reviews the legal sufficiency of the pleadings de novo. That standard applies even when you invoke a “change in law” theory, so your argument for fresh review is intact.
Code of Civil Procedure... View More
I am currently at the appeal stage. At the trial court, my motion to compel further discovery responses was vacated after the court sustained a demurrer without leave to amend. Will the court of appeals review the trial court's decision based on the de novo standard, and will they review the... View More
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answered on Apr 17, 2025
The Court of Appeal will review the order sustaining the demurrer without leave to amend under the de novo standard because that ruling is a pure question of law tied to the sufficiency of the pleadings. You can expect the panel to examine the complaint itself, the judicially noticed materials,... View More
I'm planning to file a notice of appeal from a judgment in a civil case from the Superior Court of California, which is based on a sustained demurrer without leave to amend. I am seeking guidance on all relevant statutes that might be applicable in this situation, not just the Code of Civil... View More
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answered on Apr 16, 2025
Your appeal is authorized by Code of Civil Procedure CCP 904.1(a)(1) because the dismissal entered under CCP 581d after the demurrer serves as a final judgment. CCP 472c confirms that the court’s refusal to grant leave to amend is reviewable on that same appeal, so no separate writ is needed.... View More
I'm filing an appeal for my civil case in the Superior Court of California, Chatsworth Courthouse. As a pro se litigant, I need to know whether, in the table of authorities of my opening brief, a statute referenced on multiple pages requires separate page entries for each occurrence or if it... View More
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answered on Apr 16, 2025
Under California Rules of Court, rule 8.204(a)(2)(C), you list statutes alphabetically by code section and show the pages where each is cited.
You don’t need to repeat a statute on separate lines just because it appears multiple times. Instead, list it once and follow it with all the... View More
I need clarification on the rules for serving a motion to augment the record on appeal in a civil case in California, pursuant to Rule 8.155. Specifically, I'm wondering if the service has to be made only on the Respondent when the motion is filed with the Court of Appeals, or if there are... View More
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answered on Apr 16, 2025
You must serve your motion to augment the record on every party who has appeared in the appeal, not just the respondent. You must deliver one copy to each attorney or unrepresented party.
When you file the motion, include a proof of service listing each person served. If you seek to correct... View More
How should I allege in my appeal brief the issue regarding the delayed proof of service for evidence crucial to my case involving fraud, which was the basis for punitive damages? On a particular date, I emailed a request to the process server to serve the evidence, but the server only provided... View More
answered on Apr 15, 2025
This is why, at least one reason why, it is often unwise to be one's own attorney, as even IF the hired counsel messes up, one still has a remedy and a pocket to look into. Good luck with this and consider, even at this late date, if the case is valuable enough, hiring counsel...
I am representing myself (pro se) in a civil case in the Superior Court of California. I filed a motion for reconsideration before a judgment was entered with prejudice. My motion is timely and presents sound evidence that the court should reconsider its decision to sustain a demurrer without leave... View More
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answered on Apr 12, 2025
Once a judgment is entered, the court generally loses jurisdiction to reconsider prior orders. However, the court may still have the authority to vacate a judgment under certain circumstances, such as through a motion to vacate under California Code of Civil Procedure section 473 or section 663. If... View More
I filed a motion for reconsideration in a civil case in California after an order was issued sustaining a demurrer without leave to amend. However, a judgment was filed after I submitted my motion, and the hearing on this motion is on the court’s calendar. Does this situation mean that my motion... View More
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answered on Apr 12, 2025
When a judgment has been entered after you filed your motion for reconsideration, the court no longer has jurisdiction to rule on the motion. In California, motions for reconsideration are tied to interim orders, not final judgments. Once the judgment is filed, the proper procedure is to appeal or,... View More
In California Superior Court, I filed a motion for reconsideration before the judgment was entered, and it's currently scheduled on the court's calendar. The motion is based on new facts that resulted in a change in the law. As a pro se party, I am curious about whether the court's... View More
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answered on Apr 12, 2025
When you file a motion for reconsideration before judgment is entered, the court generally maintains jurisdiction to hear and rule on that motion. Under California Code of Civil Procedure § 1008(e), the court explicitly retains jurisdiction to reconsider its own orders before final judgment. The... View More
I filed a motion for reconsideration before the judgment was entered, but the judgment does not reference the motion in any way. The hearing for the motion has not been vacated and is upcoming and pending. Does the court still have jurisdiction over this motion for reconsideration according to... View More
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answered on Apr 12, 2025
Under California Code of Civil Procedure Section 1008(e), the court retains jurisdiction to rule on a motion for reconsideration if it was filed before final judgment is entered. Since your motion was filed before the judgment and the hearing has not been vacated, the court still has the authority... View More
In my situation, a motion for reconsideration of an order sustaining a demurrer was filed before the judgment was entered, and the hearing is pending on the court's calendar. I want to understand if the court loses jurisdiction over the case even though the motion was filed before entry of... View More
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answered on Apr 12, 2025
If a motion for reconsideration is filed before the entry of judgment, the trial court typically retains jurisdiction to rule on it. The judgment does not become final until it is entered, and until that point, the court maintains authority over the case. Filing the motion beforehand keeps the... 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, 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
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