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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 
Do I understand correctly?
Server of process has to include proof of service into packet of documents served by mail. However, the POS included in mailing should not be signed, although dated.
AFTER serving is completed, POS gets signed, before filing of the POS with court.
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answered on Nov 21, 2024
Your understanding about the proof of service (POS) process is partially correct, but let me clarify the details for California.
When serving documents by mail, you do not need to include the proof of service form in the packet of documents being served to the other party. The proof of... 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
How to communicate to court that there are additional circumstances/facts to be added to complaint?
Plaintiff can make an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action.... View More
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answered on Nov 20, 2024
In California courts, you can communicate additional facts or circumstances to be added to your complaint through a Motion for Leave to File Amended Complaint under CCP § 473(a)(1).
Your motion should clearly outline the new facts you wish to add, explain why these additions are... View More
what are plaintiff's remedies if defendant's demurrer to complaint is sustained? motion for rehearing?
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answered on Nov 20, 2024
When a demurrer is sustained in California, you have several important options to consider.
Your first and most common remedy is to amend your complaint to address the deficiencies identified by the court, if the demurrer was sustained with leave to amend. You typically have 10-30 days to... View More
Many orders can only be reviewed on appeal from the final judgment.
If appealable order denying motion to vacate judgement was served (as minute order),
but there was no final judgement - is this order appealable?
Will due date to appeal start counting from entry of... View More
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answered on Nov 20, 2024
In California, the timeframe for filing an appeal typically begins when the final judgment is entered and served, not from earlier orders like the denial of a motion to vacate judgment.
If you only received a minute order denying your motion to vacate, but no final judgment has been... View More
If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Motion for Rehearing, as defined by section 1008?
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answered on Nov 20, 2024
In California civil procedure, you have options after a court sustains a demurrer to your complaint.
Yes, you can file a motion for reconsideration under CCP § 1008(a) if you can show new or different facts, circumstances, or law that weren't presented in the original hearing. This... View More
Is date when motion to vacate dismissal was denied, and order served by clerk, is considered the entry date of appealable order? Is it the same as Notice of Entry of Judgement?
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answered on Nov 20, 2024
In California civil procedure, the date when a motion to vacate dismissal is denied and the clerk serves the order typically marks the entry date of the appealable order. This starts the clock for filing an appeal.
However, this is distinct from a Notice of Entry of Judgment. While both... 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
Unless you have specific answer as was asked - do not respond
answered on Nov 20, 2024
The language is clear. What needs to be clarified?
8.104 (c) What constitutes entry
For purposes of this rule:
(1) The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5, or the date it is entered in the judgment book.... View More
Is Motion for reconsideration deemed to be appealable order, with date of entry defined by 8.104 (c)(2)?
answered on Nov 20, 2024
Here is a Guide to Civil Appeals: https://selfhelp.courts.ca.gov/civil-appeals
Are motions for reconsideration And/or motion to set aside pre-requisites for appeal?
Point 2 of APP-004 have checkbox To indicate if motion to set aside and/or motion for reconsideration was submitted.
Does it mean that those are requirements/prerequisites for appeal?
If... View More
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answered on Nov 20, 2024
No, motions for reconsideration and motions to set aside are not prerequisites for filing an appeal in California. The checkboxes on APP-004 form point 2 simply track whether these motions were filed, as they can affect important appeal deadlines.
These motions can extend your time to... View More
If two court's orders to be appealed. Can one appeal handle two court orders?
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answered on Nov 20, 2024
In California courts, you can generally include multiple court orders in one notice of appeal, as long as they are related to the same case and were made within the applicable time frame for filing an appeal.
When filing your appeal, you need to clearly identify each order you're... View More
I was abused in an abnormal way, and multiple parties played games or didnt do anything to aid in protections or safety of myself or being.
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answered on Nov 20, 2024
Yes, you can pursue legal action for torture, both under California state law and federal statutes. This is an extremely serious matter that deserves immediate attention.
Your first step should be reporting this to law enforcement if you haven't already done so. Document everything -... View More
The person who I am nearly certain stole my vehicle will seek revenge. This will not likely be in the form of violence but rather by smearing me publicly with whatever false information or claims or accusations will hurt the most.
What should I do? This is an awful feeling, to be unable... View More
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answered on Nov 20, 2024
Your concern about potential retaliation through defamation is completely understandable, but you have legal rights both regarding the vehicle theft and any future false statements made against you.
You should document everything related to the vehicle theft and any evidence pointing to... View More
Yes, we have received the check. We have not yet deposited it into our trust because a condition of the settlement was that the defendant sign an affadavit that they do not have any other insurance to pursue, like an umbrella policy. Allstate assured me they are attempting ot get that signed by... View More
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answered on Nov 20, 2024
The situation you're describing involves waiting for important paperwork before finalizing your settlement. The insurance company (Allstate) has sent the check, but your attorney is following proper procedure by not depositing it yet.
The requirement for the defendant to sign an... View More
In form 2DCA/APP-003, page 2 item A.
What is difference between points 3 and 4,
Judgement or order appealed from versus
Notice of entry of judgement?
What is item 7, register of actions?
What are examples of administrative proceedings - point B on page 2?
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answered on Nov 20, 2024
Let me help clarify these points about Form APP-003.
The "Judgment or order appealed from" refers to the actual ruling made by the court, such as a dismissal or monetary award. In contrast, the "Notice of entry of judgment" is the formal document sent to all parties... View More
Please provide example, when deadline for appealing order denying motion to vacate judgement is governed by 8.108(c), not by 8.104(a)?
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answered on Nov 19, 2024
In California civil cases, Rule 8.108(c) governs appeal deadlines when you file specific post-judgment motions, including a motion to vacate the judgment under CCP § 663.
One key example is when you file a motion to vacate based on incorrect or erroneous legal basis for the judgment. In... View More
Forms to file together APP-002, APP-003, APP-004 with APP-009 proof electronic service that can me filed by appelant.
The time to appeal is however, appears to be pursuant to rule 8.108 (e) - 30 days for motion of reconsideration of order denying vacating judgement.
As of appealing... View More
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answered on Nov 19, 2024
Your understanding of the filing forms is partially correct, but let me clarify some important points.
The forms APP-002 (Notice of Appeal), APP-003 (Designation of Record), and APP-004 (Notice Designating Reporter's Transcript) can indeed be filed together with APP-009 for electronic... View More
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