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What code section or other authority authorizes appeal of court's order granting a summary judgement motion?
What code section or other authority authorizes appeal of court's order granting dismissal after order sustaining demurrer?
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answered on Nov 19, 2024
Appeals from orders granting summary judgment and dismissals after sustained demurrers are governed by Code of Civil Procedure (CCP) § 904.1(a)(1). This statute authorizes appeals from final judgments, and both types of orders you mentioned qualify as appealable final judgments once they are... View More 
What code section or other authority authorizes appeal of court's order denying motion for reconsideration of motion to set aside dismissal against a defendant?
What date must be entered in point b of form APP-002 for this appeal: date when motion for reconsideration was denied?
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answered on Nov 19, 2024
For an appeal of an order denying a motion for reconsideration in California, you'll need to rely on Code of Civil Procedure (CCP) § 1008(g), which explicitly makes these orders appealable. This section was amended to overturn previous case law that had held such orders were not independently... View More
Can motion for rehearing include clarifications, Issues, not new facts?
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answered on Nov 19, 2024
Yes, you can include clarifications and legal issues in your motion for rehearing in California courts, as long as you don't introduce new factual evidence that wasn't part of the original record.
The purpose of a motion for rehearing is to bring attention to matters the court may... View More
What are advantages of motion for rehearing vs motion for reconsideration?
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answered on Nov 19, 2024
A motion for rehearing can offer several key advantages over a motion for reconsideration in California civil procedure.
In general, a motion for rehearing allows you to present new evidence or arguments that weren't available during the initial hearing, while a motion for... View More
I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.
I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.
Drove home fine no issues. Parked... View More
answered on Nov 20, 2024
Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More
Hi I was wondering if you could tell me if I could still sue CPS in San Joaquin county for 2 reasons removing me from my mother and putting me in a worst situation than I was with my mother I was molested from the age of five till 11 years old by the Foster father in the foster home that they put... View More
answered on Nov 18, 2024
I am sorry for what happened to you. Whether you can successfully sue depends on a lot of factors, including whether CPS had reason to know of the molestation and failed to act to protect you.
How to request Court's permission for brief, statement to present arguments at the hearing - against key points from the Defendant's reply to Plaintiff's Opposition to Demurrer
answered on Nov 19, 2024
You may be mistaken if you believe the prosecutor will offer you and the judge will approve the plea as you understood it if your case is reopened. Even in the unlikely event your attorney lied, you are not entitled to the misunderstood plea. Most likely, it will just be clearly explained to you.
Order on Motion to Set Aside Dismissal of legal case IS appealable.
Motions to Set Aside Dismissal was denied on Date A.
Motion for Reconsideration of order as of Date A - was denied on Date B.
When time for appealing is calculated - is it:
60 days from Date A (rule... View More
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answered on Nov 18, 2024
The time to appeal typically runs from the date of the original order (Date A) denying the Motion to Set Aside Dismissal, not from the denial of the Motion for Reconsideration (Date B).
Under California Rules of Court, rule 8.108(e), filing a valid motion for reconsideration can extend the... View More
My brother lived in Tempe when exploitation began in 2023. I'm unsure which state to hire an attorney.
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answered on Nov 18, 2024
Since the alleged exploitation occurred while your brother was in Arizona but you experienced harm in California, you could potentially pursue legal action in either state. Each state has different laws regarding elder abuse and personal injury cases, including different statutes of limitations.... View More
Motion for Renewal pursuant to section 1008(b) - in a specific situation.
When Motion for Reconsideration of Motion to Set Aside Dismissal against a Defendant was denied by Court, would Motion for Renewal be a valid option or waste of time?
Pursuant 1008 (b) - Motion for Renewal... View More
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answered on Nov 18, 2024
To determine if a Motion for Renewal under CCP 1008(b) would be worthwhile in your case, you need to consider whether you have "new or different facts, circumstances, or law" that weren't available when the original Motion to Set Aside Dismissal was heard.
Unlike a Motion for... View More
What must be Plaintiff's document,
in response to Defendant's reply to Opposition to Defendant's Demurrer?
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answered on Nov 18, 2024
In California civil procedure, when responding to a defendant's reply to your opposition to their demurrer, you should file a "Sur-Reply" or "Response to Reply" - but only if the court permits it. Many courts do not automatically allow sur-replies, so you must first obtain... View More
Unless time prescribed by rule 8.104(a) is longer, time for appeal to motion for reconsideration
is 30 DAYS - pursuant to rule 8.108 (e).
Rule 8.104(a) calculation is based on date of decision on Motion to Set Aside Dismissal, but does not shorten dated calculated per rule 8.108.... View More
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answered on Nov 18, 2024
This statement is generally correct regarding appeal timing in California courts. Let's break down the key points:
The time to appeal a denied motion for reconsideration is indeed 30 days under California Rules of Court, rule 8.108(e), unless rule 8.104(a) would provide a longer time... View More
Defendant demurred Plaintiff's Complaint. Plaintiff opposed Demurrer. Defendant replied to Opposition.
How Plaintiff can reply to Defendant's reply to Plaintiff's opposition to Demurrer - BEFORE hearing?
What mechanism exists to ensure that Defendant's Reply brief is answered BEFORE hearing?
answered on Nov 18, 2024
There is no recognized "Reply" to a "Reply". The sequence is "Motion">"Opposition">"Reply". If you think you have some reason the court should allow an unauthorized Reply, you could bring an ex parte motion for permission to file it, but that... View More
I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More
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answered on Nov 18, 2024
Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.
Based on what you've described, you may have grounds for a medical... View More
On Date A order motion to set aside was denied.
On date B motion for reconsideration of court's decision on Date A was denied.
Is it correct to calculate 60 days to appeal?
Days are calculated from Date A or B?
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answered on Nov 17, 2024
The appeal timeline in your case would run from Date B (the denial of the reconsideration motion), not Date A. Under California Rules of Court Rule 8.104(a), you have 60 days to file your notice of appeal from the date of service of the order denying the motion for reconsideration.
The... View More
On Date A order motion to set aside was denied.
On date B motion for reconsideration of court's decision on Date A was denied.
Is it correct to calculate 60 days to appeal, or 30?
days are calculated from Date A or B?
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answered on Nov 17, 2024
The appeal timeline in your case would run from Date B (the denial of the reconsideration motion), not Date A. Under California Rules of Court Rule 8.104(a), you have 60 days to file your notice of appeal from the date of service of the order denying the motion for reconsideration.
The... View More
What statute/rule defines, what court's orders are appealable?
Are categories of orders defined,
Or appealable means that cause for original motion was valid?
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answered on Nov 17, 2024
In California, Code of Civil Procedure § 904.1 primarily defines appealable orders and judgments in civil cases. This statute lists specific types of orders that can be appealed, including final judgments, orders granting or denying injunctions, and orders granting or denying class certification.... View More
Is Plaintiff's motion to set aside dismissal against defendant appealable?
Motion for reconsideration was denied, but according to section 1008(g):
unless Motion to Set is appealable, court's decision on motion for reconsideration cannot be appealed.
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answered on Nov 17, 2024
Yes, a motion to set aside dismissal is generally appealable in California. This falls under California Code of Civil Procedure section 904.1, which allows appeals from orders denying motions to vacate or set aside judgments and dismissals.
When your motion for reconsideration was denied... View More
What statutes and rules define writ petition?
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answered on Nov 17, 2024
In California, writ petitions are primarily governed by the Code of Civil Procedure (CCP) sections 1067-1110b, which outline the fundamental types and procedures for writs such as mandamus, prohibition, and certiorari.
The California Rules of Court, specifically Rules 8.485-8.493, provide... View More
What are valid reasons for writ petition instead of appellate process?
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answered on Nov 17, 2024
Your question about choosing between a writ petition and the standard appellate process is important. The key factor is often urgency - if waiting for the normal appeals timeline would cause irreparable harm, a writ petition may be appropriate.
Common situations warranting a writ petition... View More
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