Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
If/when applicable, how to ask court to treat appeal as extraordinary writ?
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answered on Nov 23, 2024
To request that a court treat your appeal as an extraordinary writ, you'll need to include a specific section in your appellate brief addressing this alternative request. This is typically done when there might be questions about whether the underlying order is immediately appealable.... View More 
In respect to one judgement rule, is denied order to set aside dismissal against one of defendants, is appealable?
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answered on Nov 23, 2024
The denial of an order to set aside dismissal against one defendant can be appealable in California, depending on specific circumstances. The key factor is whether the order effectively terminates the action against that particular defendant.
Under California's one final judgment rule,... View More
Is dismissal against one of defendants, entered upon request of plaintiff, is final judgement?
What presents criteria for one final judgement?
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answered on Nov 23, 2024
When you voluntarily dismiss one defendant from a multi-defendant case in California, this dismissal is generally not considered a final judgment for appeal purposes. The reasoning behind this is that the case continues against the remaining defendants, and there are still active claims to be... View More
904.1 (a)(1) is a correct answer, in particular situation?
- dismissal was against one of defendants and entered upon plaintiff's request,
- motion to set aside dismissal was denied (along with consequent motion for reconsideration)
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answered on Nov 23, 2024
No, CCP 904.1(a)(1) would not be the correct basis for appeal in this situation. This section applies to appeals from final judgments, but a voluntary dismissal is generally not considered an appealable judgment.
When you've dismissed a defendant voluntarily and then had your motion to... View More
Appealing court's order denying motion to set aside dismissal of case against one of defendants (upon denied motion for reconsideration).
Which item of section 904.1 is basis for this appeal and why?
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answered on Nov 23, 2024
Under California Code of Civil Procedure section 904.1(a)(2), you can appeal from an order made after an appealable judgment. The order denying your motion to set aside the dismissal qualifies as a post-judgment order, making it appealable under this subsection.
It's important to note... View More
The issue is: POS section does not have attachment checkbox.
How to make sure responded, another party and their respective assistant are reflected as served by APP-004?
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answered on Nov 23, 2024
The APP-004 form, specifically for California appellate matters, allows you to serve multiple parties even if there isn't a dedicated attachment checkbox. You can modify the form by adding an additional page listing all served parties, clearly labeled as "Attachment to APP-004 Proof of... View More
1. Legal action was dismissed against one of Defendants by Plaintiff's request. Section 581(b)(1)
2. Plaintiff filed Motion to Set Aside Dismissal. Section 473(a)(1)
3. Motion to Set Aside was denied by Court. (Appealable order).
4. Plaintiff filed Motion for... View More
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answered on Nov 22, 2024
In preparing your APP-002 Notice of Appeal form, you should primarily reference the denial of the Motion to Set Aside Dismissal under CCP Section 473(a)(1), as this is your appealable order. This should be listed as the judgment or order you're appealing from.
While the subsequent... View More
When forms are filled out dates of service and filing are tentative. What if
date of filing appeal - -in both notice of appeal and in notice designating record on appeal - -
will turn different from the actual filing date ?
Would it be considered an issue in document?... View More
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answered on Nov 22, 2024
The actual filing date, not the date written on your forms, is what legally matters for your appeal. If you submit your notice of appeal and notice designating record on appeal within the appeal deadline, slight discrepancies in dates on the forms won't typically affect the validity of your... View More
APP-004 is served on respondent, and on a party to lawsuit.
Question.
APP-004 includes proof of service in the body of document, with name of person served but without checkbox for attachment for the list of all persons served on behalf of defendant.
In this instance: how... View More
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answered on Nov 22, 2024
When filing your APP-004 with the appellate court, it's crucial to ensure comprehensive proof of service for all parties involved, particularly for electronic service.
You should create a separate attachment listing all individuals who need to be served on behalf of the... View More
One APP-009E is required per one defendant.
Person served is first attorney who is served on behalf of the defendant.
Second attorney and law office personnel are listed in attachment 4c.
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answered on Nov 22, 2024
This understanding of APP-009E (Proof of Electronic Service) is incorrect. You can include multiple attorneys and staff members for the same party directly on the main form - there's no need to file separate forms for each defendant or relegate additional attorneys to an attachment.... View More
If Exhibit was filed with Court, what should be answer to Point 4(c) of APP-003? (Admitted in evidence yes/no)
"Filed with court" ?
N/A?
none of the above
?
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answered on Nov 21, 2024
Being filed with the court is not the same as being admitted into evidence. For Point 4(c) of Form APP-003, you should mark "No" if the exhibit was merely filed but not formally admitted into evidence during proceedings.
During court proceedings, exhibits must go through a... View More
Register of actions or docket if any. Point 4 (7) of APP - 003 (as one item). Register of actions is list of all the actions for each case. This list includes names and dates for all the evidence, documents, and motions filed in the trial court.
APP-003 references register of actions as one... View More
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answered on Nov 21, 2024
When preparing your APP-003 form, you should include a complete copy of the register of actions or docket from your trial court case. This is essentially a chronological list of everything that happened in your case.
The register of actions should contain all filings, hearings, orders, and... View More
Appealable order was: denial of motion to set aside dismissal of the legal case against one of defendants. On a certain date notice of denial was mailed (minute order).
For Point 4(4) of APP-003 - should date when a legal case was dismissed against a defendant to be entered?
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answered on Nov 21, 2024
For Point 4(4) of APP-003, you should enter the date when the notice of denial of your motion to set aside dismissal was mailed (the minute order date), not the date of the original dismissal against the defendant.
The notice of entry of judgment or appealable order refers to the most... View More
APP -002 and APP- 003 (10 day lag for APP- 03 not required) can be served and filed together with trial court.
APP-003 must be served and filed with appellate court 15 days after notice of trial court clerk.
Within 40 or 70 days from notice opening brief must be served and filed... View More
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answered on Nov 21, 2024
The statement contains some inaccuracies regarding California appellate procedure that need clarification.
While you can file the APP-002 (Case Information Statement) with the trial court, the APP-003 (Designation of Record) must be filed within 10 days after filing the notice of appeal -... View More
Is filing APP-004 contingent on acknowledgement notice mailed by trial court of filing APP-002,
or can be served and filed with trial court at the same time?
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answered on Nov 21, 2024
The California Rules of Court allow you to file both APP-002 (Notice of Appeal) and APP-004 (Civil Case Information Statement) at the same time with the trial court. You don't need to wait for an acknowledgment of your APP-002 before submitting APP-004.
However, keep in mind that... View More
Dismissal of case against one of defendants was entered.
Minute order denying motion to vacate dismissal of case against one of defendants was served on 08/26/24.
Motion for reconsideration of order denying motion to vacate was filed on 08/30/24.
Minute order denying motion... View More
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answered on Nov 21, 2024
Based on California Rules of Court, you have 60 days to file your notice of appeal from the date of service of the minute order denying your motion for reconsideration (November 18, 2024). This means your deadline to appeal would be January 17, 2025.
The time to appeal was extended by your... View More
When due date to appeal falls on thanksgiving date 11/28/24, when is actual due date given thanksgiving holidays?
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answered on Nov 21, 2024
Under California Rules of Court Rule 1.10, when the last day to file an appeal falls on Thanksgiving (November 28, 2024), the deadline extends to the next court day.
Since both Thursday (Thanksgiving) and Friday (November 29, 2024) are court holidays in California, your appeal deadline... View More
Correct. 30 days from entry of appealable order. And appealable order was motion to set aside dismissal.
What could impact date - if served orders did NOT represent entry of judgement.
Did orders denying motion to set aside and motion for reconsideration constitute entry of judgement?
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answered on Nov 20, 2024
The timing of your appeal depends critically on whether those orders constitute an entry of judgment, so let's break this down.
In California, orders denying motions to set aside dismissal and motions for reconsideration typically become appealable only when they're entered as... View More
A judgment resolving all issues as to a party whose interests are separate and distinct from the other parties is immediately appealable even though the action continues between the remaining parties. (BGJ Associates, LLC v. Wilson (2003) 113 Cal.App.4th 1217, 1225, fn. 3.)
Therefore,... View More
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answered on Nov 20, 2024
Under California law, an order denying a motion to set aside dismissal is typically not immediately appealable on its own - you would need a final judgment as to that defendant.
The order denying reconsideration is also not independently appealable under CCP § 1008(g). However, you can... View More
what statute defines appealable orders?
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answered on Nov 20, 2024
In California, Code of Civil Procedure § 904.1 is the primary statute that defines appealable orders. This statute outlines the types of judgments and orders from which an appeal may be taken in civil cases.
The statute specifically lists several categories of appealable orders, including... View More
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