My contingent-fee based personal Injury attorney filed an erroneous original complaint and subsequent erroneous amended

Asked over 1 year ago - Antelope, CA

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?

Attorney answers (5)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

    5

    Lawyers agree

    Answered . 1- It will go to attorney of record
    2- 60 days from date of service but some exceptions
    3- App-002
    4-The court will review it to see if there really are no claims stated. I think it is abuse of discretion.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Michael Shemtoub

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  3. Constantine D. Buzunis

    Contributor Level 17

    3

    Lawyers agree

    Answered . i agree with the other attorneys responses, you should discuss this with your attorney, or if you are dissatisfied with them, hire a new attorney.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  4. George Costas Andriotis

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your attorney should answer these questions for you and if they won't than you need to hire a different attorney.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You have asked this before. I you aren't happy with the attorney, retain one of the above lawyers in your state.

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