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

Antelope, CA |
Filed under: Personal injury

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. 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. Call us for more information. 619.797.5456 www.mataelelaw.com


  2. 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.


  3. 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 email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. 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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  5. 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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