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Neither points of section 904.1 (a) applicable?
Appealable order denying motion to set aside dismissal against one of defendants.
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answered on Nov 23, 2024
Under California Code of Civil Procedure section 904.1(a), an order denying a motion to set aside dismissal against one defendant can be appealable, even if it doesn't explicitly fall under the enumerated points of the section.
The key consideration is whether the order is effectively... 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
My 4 year old daughter was RAPED by a 13 year old boy that lived across the hall from us in our previous home and was caught on my home surveillance camera. I called the police and they took him down to the station and we did interviews. We went through the whole court process and he was detained... View More
Traffic ticket was given for driving on suspended. Running red light but on the ticket it says the color of the car that actually did run the red light which was white. I did run a yellow -_-
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
The eviction notice is not through the court system. It is a template from evictionbotice.com. The eviction notice states I'm being evicted for one non payment which I have been working with him with, I have that in writing, but I have a text stating it's for something else that is... View More
For Christmas this year I am supposed to meet my ex halfway to drop off my son to him for his half of Christmas. My husband and I asked him if we could keep him an extra 2 hours so he can see his extended family that are coming for the holiday. He has a lot of cousins he is close with and he would... View More
Do debt collection law firms have an obligation to review the facts such as credit reports and identity theft reports from CFPB, FTC, IC3 and police before they continue legal proceedings? In this case a credit card was opened in my name for 20k, my PII is in data breach(es) and I knew nothing... View More
Appealing court's order denying motion to set aside dismissal against one of defendants (upon denied motion for reconsideration).
Section 904.1 (a) (2) is correct answer? If not - why?
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answered on Nov 23, 2024
No, Section 904.1(a)(2) is not the correct answer for appealing a denial of a motion to set aside dismissal. That section specifically deals with appeals from orders granting a motion for new trial or denying a motion for judgment notwithstanding the verdict.
For appealing a denial of a... View More
I was denied supplemental security insurance after the hearing.
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answered on Nov 24, 2024
After a hearing, Social Security may review your non-medical eligibility for SSDI even if you were denied SSI benefits. These reviews look at factors like your income, work credits, and other financial aspects that could affect your qualification status.
The person conducting this review... View More
it is 2024 and he still hasn't stated the qudro - what can I do - we had no lawyers - he lives in MN I live in TX
answered on Nov 23, 2024
You will need to enforce the judgment like any other judgment. Was the QDRO signed by the judge or was it just mentioned in the settlement agreement? Without reading the judgment, I don't know you best course of action. My best regards.
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
He gave her to a friend who is a animal doctor and dog trainer. He wanted for months to breed raven to his dog.i told him no several times.
I am a maintence man in Virginia. I have been with this company for 3 years and have always been in good standing. Recently, Me and the VP of my company got into a disagreement and now I'm convinced she has it out for me. When I was hired part of my deal was that I would have a apartment for... View More
In the mail truck which own by the post office and drop her off to a friend and won't tell me where my dog is. I was having a panic attack at the he took her.
The agreements were one for the farmland and one for the farmhouse back in 2012 and 2013. Both have given monetary consideration but no expiration date (grandfathers death triggered the option). Both options are for purchase prices far below market value. Also, the optionees on the land deal are... View More
answered on Nov 23, 2024
Without seeing the actual paperwork it is impossible to provide any real advice but
1) If there was 'consideration' given
2) if the agreement was in writing
3) if the other conditions have been met
and
4) if the other party (ies) are wanting to... View More
Signed by my doctor. They sent me home. On the second day I brought in a note and they allowed me to work the full day. The following day they denied the note stating that because it was a printed note provided by my employer's third party FMLA leave provider to my dr, that they could not... View More
She states: We serve you with court pleadings via Colorado Courts E-Filing to your most recent address on file as that it what the Colorado Rules of Civil Procedure provide. I will not deviate from the Rules.
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