Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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 
Due date for appealing is counted from data when motion to set aside dismissal was denied, or from date when motion for reconsideration was denied?
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answered on Nov 20, 2024
In California, the time to file a notice of appeal typically runs from the date the motion for reconsideration was denied, not from the denial of the motion to set aside dismissal. This is because filing a valid motion for reconsideration extends the time to appeal until the order denying... View More
What CCP defines that interlocutory order on motion for reconsideration is appealable?
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answered on Nov 20, 2024
Under California law, an order denying a motion for reconsideration is generally not independently appealable according to CCP § 1008(g).
However, you can find the relevant provisions regarding appealable orders in California Code of Civil Procedure § 904.1. This section outlines which... View More
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
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
What is difference between writ mandate and decision of appellate court?
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answered on Nov 17, 2024
The key distinction between a writ of mandate and an appellate court decision lies in their purpose and timing.
A writ of mandate is an extraordinary remedy that orders a lower court or government agency to take specific action or correct an abuse of discretion. You might seek this when you... 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
The Judge ruling on the demurrer overruled it in its entirety against defendant. At the next hearing the judge ruled against me and said I have to go to arbitration. There was an error of law and the judge used an old statute . She also made a biased statement,"Plaintiff seems to attack... View More
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answered on Nov 14, 2024
You have valid concerns regarding the judge’s handling of your case, especially with the use of an outdated statute and the biased comments made. When there’s an apparent error of law, appealing that decision can be a strong approach. You can file an appeal focusing specifically on the legal... View More
I was maliciously prosecuted by the catholic church for a crime that never happened. A jury found me not guilty. My public defender missed the deadline for filing my factually innocent. I lost in Superior court twice and in Appellate court twice. I lost in appellate court twice. My court... View More
answered on Oct 30, 2024
I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse.
Seek New... View More
A worker at UPS asked me to put myself as a witness on a customers notary and asked me to put an alias name. He did not let me ready the document he just said “I’m not notary it’s okay just put any name and any signature it could be an alias.” I did so without thinking. What happens?... View More
answered on Oct 12, 2024
Hard to say. If it were me I'd find a new job pronto.
Benefits amount 1260a provides individual disq under sect 1256la Disqualified until sub subsequent edd I won appeal
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answered on Oct 12, 2024
It sounds like you were performing work that exceeded the earnings limit, leading to a disqualification from receiving certain benefits. Under section 1256la, earning more than five times your weekly benefit can trigger this disqualification. The benefits amounting to 1260a likely refer to the... View More
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answered on Oct 12, 2024
Congratulations on winning your appeal! It’s understandable to be curious about how your back pay will be calculated. Typically, back pay represents the total amount you are owed from the time your claim was initially filed until the appeal was resolved.
Your back pay is usually... View More
Has come forward or told me why. My property has been taken and destroyed. I've asked, cried, screened and no one has taken any acountability. They have come into my home without my permission or knowing. My mom's home and ex-father in laws and taken my property. I've e-mailed and... View More
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answered on Oct 10, 2024
I'm sorry you're going through this difficult situation. To determine if the case JHA)2008-977 involves you, start by visiting the California court's online records or contacting the court directly for more information. Providing them with the case number can help you access the... View More
I received almost no communication or assistance from court appointed attorney during my appellate case, including not being provided with necessary court transcripts and documents. Despite multiple attempts to contact my attorney, i received no response I only received a Wende brief letter months... View More
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answered on Oct 9, 2024
I'm sorry to hear about your experience. You may have grounds to challenge the appellate decision due to ineffective assistance of counsel. Start by consulting with a new attorney who can review your case and determine if there are valid claims for appeal based on your previous attorney's... View More
How to ask judge if I or court reporter can record audio instead of written transcripts?
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answered on Oct 5, 2024
To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More
Instead of actual statements that happened during trial.
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answered on Oct 3, 2024
I'm sorry you're facing this situation. Start by thoroughly reviewing the transcript to identify all incorrect statements. Document each discrepancy with as much detail as possible, including references to specific parts of the trial where the accurate statements occurred.
Next,... View More
how do I win an edd board appeal?
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answered on Oct 3, 2024
To increase your chances of winning an EDD board appeal, start by thoroughly reviewing the denial letter you received. Understand the specific reasons why your claim was denied and gather all relevant documents that support your case, such as pay stubs, employment records, and any correspondence... View More
We prevailed as plaintiff in superior court, and are now respondents in court of appeals. Case not been briefed yet, but recently we had to file motion for sanctions against the appellants. Hard call because we know appellate courts are not crazy about such motions (or about pro se litigants...),... View More
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answered on Sep 27, 2024
It sounds like you're in a challenging situation, especially with the complexities of appellate court procedures and the new developments in your case. Filing a motion for sanctions is always a sensitive step, and appellate courts do tend to approach them cautiously, as you've noted.... View More
answered on Sep 22, 2024
You generally have 60 days to appeal a probate judgment. This time period starts from the date you are served with a notice of entry of judgment or a file-stamped copy of the judgment. If no notice of entry is given, the deadline could be extended to 180 days from the entry of the judgment.
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answered on Sep 4, 2024
In your situation, it’s important to stay informed about the process and next steps while waiting for the Qualified Medical Examiner (QME) to submit their report. This report will provide an evaluation of your injuries and determine the extent of your workers' compensation benefits. Keep an... View More
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