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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.
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
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
Basis for appeal question.
Situation.
Denied order to set aside and denied order for reconsideration of denied order to set aside.
Vacating which of the orders: on motion to set aside or on the motion for reconsideration is the basis for appeal. Why?
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answered on Dec 17, 2024
The order denying the motion to set aside is the proper basis for appeal, not the order denying reconsideration. Here's why:
The order denying the motion to set aside is considered the substantive ruling that directly affects your rights and obligations. This initial denial is what... View More
Why exactly, with pursuit to ensure the justice is served, court would not construe plaintiff's allegations that settlement was not achieved to be equivalent to plaintiff's request to enforce informal settlement?
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answered on Dec 17, 2024
From a legal perspective, these sections of California's Code of Civil Procedure address distinctly different matters that courts treat separately despite their apparent similarity.
The courts distinguish between allegations that a settlement was not achieved and requests to enforce... View More
Isn't plaintiff's motion to set aside and morion for reconsideration equivalent in essence to motion to ENFORCE settlement?
Why not?
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answered on Dec 17, 2024
While both motions deal with settlement agreements, they serve different legal purposes. A motion to set aside or for reconsideration challenges the validity or terms of an existing agreement or order, often seeking to void or modify it based on specific grounds like fraud, mistake, or changed... View More
CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
In conjunction with section 646.6(a) and section1008 (c) does... View More
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answered on Dec 16, 2024
Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.
The court's authority to vacate a dismissal and enforce a settlement agreement on its own... View More
App-003 was timely submitted to superior court. Appeal unit of Stanley Mosk court found inconsistency and requested to resubmit. Case was already transferred to 2d district court of appeals.
Is it according to law - to serve amended App-003 to 2d circuit of appeals, with copy on served... View More
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answered on Dec 16, 2024
Yes, you can serve the amended APP-003 (Notice of Appeal) to the Second District Court of Appeal with a copy to the superior court. This procedure is governed by California Rules of Court, Rule 8.100(a)(2), which allows for amendments to notices of appeal.
When the superior court finds... View More
Is Opening brief required to be served on a party to lawsuit, that is not respondent?
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answered on Dec 16, 2024
In California appellate procedure, you generally need to serve your opening brief on all parties named in the lawsuit, even if they're not actively participating as respondents in the appeal. This requirement helps ensure all parties stay informed about the proceedings that could potentially... View More
Is form App-003 required to be served on a party to lawsuit, that is not respondent?
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answered on Dec 16, 2024
Based on California Rules of Court, Form APP-003 (Proof of Service) should be served on all parties to the lawsuit who are part of the appellate proceedings, regardless of whether they are respondents or not.
The purpose of this form is to prove that you have properly served your appeal... View More
service of any appeals documents on party to lawsuit, NOT respondent
Is service of any appeals documents on party to lawsuit,
but not respondent to lawsuit,
is required?
What rules define that?
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answered on Dec 16, 2024
In California appellate proceedings, you must serve all appeal documents on all parties who appeared in the underlying action, not just the respondent. This requirement is outlined in California Rules of Court (CRC) Rule 8.25(a)(1).
The rules require you to serve your notice of appeal,... View More
What is statute/rule that define settlement formation and enforcement?
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answered on Dec 16, 2024
The key California statutes governing settlement agreements are California Code of Civil Procedure (CCP) § 664.6 and California Civil Code § 1542. CCP § 664.6 allows parties to enforce settlements by summary motion if the agreement is signed by all parties or made orally before the court.... View More
dismissal was based on intention not filed with court, and matter was deemed to be settled, though intention was not complied with.
In this case is it de novo standard for review of appeal as primary legally,
with document of evidence of intention that was not settled - secondary... View More
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answered on Dec 15, 2024
Based on the scenario you've described, the de novo standard of review would indeed be appropriate as the primary standard. When reviewing a dismissal that hinges on questions of law - like whether an unfiled intention affects settlement status - appellate courts apply de novo review.... View More
Is such dismissal the same than dismissal on plaintiff's motion?
Is judge required to reference statute Upon which dismissal was filed - in the court's order of dismissal?
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answered on Dec 15, 2024
In California, when you request dismissal by filing with the clerk, it is functionally equivalent to dismissing through motion, though the processes differ slightly. The key difference lies in timing and procedure - filing with the clerk is typically more streamlined for voluntary dismissals under... View More
These amended notices are REQUIRED to be filed at earliest when change is requested by intermediary court, or it is LEGAL to serve/file together with APP-004?
What rule defines due date if any?
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answered on Dec 15, 2024
The timing for filing amended APP-002 (Notice of Appeal) and APP-003 (Designation of Record) forms in California depends on the specific circumstances of your case.
When the Court of Appeal requests changes to these forms, you should file the amended versions as soon as possible after... View More
1. App -002 and App-003 are filed with superior court.
2. Amended App-002 and App-003 can be filed either in superior court, or in court of appeals.
3. Amended App-002 and App-003 must be filed with court of appeals.
3. App-004 must be filed in court of appeals.
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answered on Dec 15, 2024
The filing requirements for California appellate documents can be confusing, so let's break these statements down clearly.
For basic notices of appeal, APP-002 (Notice of Appeal) and APP-003 (Notice of Cross-Appeal) must indeed be filed with the superior court, making statement 1 true.... View More
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