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Asked 2 months ago - Antelope, CA
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complaints in response to the defendant’s attorney demurrers and the court sustaining with leave to amend. The court finally sustained the last defendant’s demurrer without leave to amend. The court noted that I had a meritorious case but stated that my attorney failed to sort the facts, cite relevant case law, and show cause.
1. Will I be served with the order of dismissal?
2. What is the deadline to file a notice of appeal after the entry of dismissal?
3. What form do I need to file a notice of appeal while looking for a new attorney?
4. The Court of Appeal would review the case de novo and will not defer to the trial court, but will reconsider the merits of the demurrer. Who is better handling this appeal: a personal injury attorney or an appellant attorney?
You need to contact your attorney to discuss the trial and resulting demurrers. An appeal is generally handled by attorneys who are certified in appellate law. It sounds like you are incredibly organized and this will assist both you and the attorney in moving forward. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible. Best of luck to you.
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