In california appeals court, once the opinion filed, does the remittur mean that the opinion is final?
Timothy's answer
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Answered on July 13, 2020
Mr. Anapol is correct. "Finality" refers to the Court of Appeal's jurisdiction to modify the decision. Finality generally is 30 days after entry of...
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Looking for a free consultation with an Appellate Attorney?
Timothy's answer
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Answered on July 13, 2020
Even though judgment has not been entered, you should still treat the order of dismissal/sustaining the demurrer as an appealable order. If a...
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State court discovery issue?
Timothy's answer
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Answered on July 10, 2020
Generally no. In some circumstances a discovery order may be appealable as a collateral order, but this is limited to discovery against a nonparty....
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Are so called Non-Appealable rulings written in stone?
Timothy's answer
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Answered on July 09, 2020
Appealability is a very thorny question. You really should consult an attorney about your options, as they will depend on many factors. From what...
Following an appellate opinion, what is the deadline to file motion for attorney fees & costs on that appeal?
Timothy's answer
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Answered on July 09, 2020
40 days after remittitur. See CRC 3.1702(c)(1) and 8.278(c)(1).
I have filed a motion to vacate judgment pursuant to code section 663. Do I wait to file a notice of appeal or need to file now?
Timothy's answer
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Answered on July 09, 2020
If you appeal from the judgment while your motion to vacate is pending, it is possible the appeal could deprive the trial court of jurisdiction to...
In an appeal brief can I cite case laws that was not mentioned in my opposition papers?
Timothy's answer
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Answered on July 09, 2020
Sure. But try to show that, although you did not cite the specific cases in the trial court, you made the same basic arguments in the trial court,...
Can I object to all discovery in a civil lawsuit?
Timothy's answer
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Answered on July 06, 2020
For this question, you really need to consult an attorney.
But almost certainly you should not be objecting to "all" discovery.
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Does a granted Mtn. to Strike on a specific fact automatically eliminate any mention of that fact from all future litigation...
Timothy's answer
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Answered on July 06, 2020
An order granting a motion to strike mere allegations from a pleading is not an adjudication of any claims or issues. So if you believe the...
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Does choosing not to appear at a voluntary hearing for which an unfavorable tentative ruling is issue waive my right to appeal?
Timothy's answer
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Answered on July 02, 2020
It does not waive your right to appeal, but you may waive some of your legal arguments. I would not skip the hearing.
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