what would toll that 60 day... I know its pretty firm in California.
No, a car accident won't provide an exception. However, the key question always is: 60 days from when? The triggering event or document is not always what is seems to be, and even many experienced attorneys do not understand exactly when that 60 day period begins to run. In some situations the deadline can be as long as 180 days. I recommend that you immediately consult with an appellate specialist to confirm when the clock began to tick and whether you still have time.See question
Case was dismissed on order sustaining demurrer. Defendants did serve me notice of entry of judgment and the proof of service was recorded with the court. given these details, how many days do I have to file my notice of appeal?
You would have 60 days from the date on the proof of service of notice of entry, assuming the notice of entry was properly done. You do NOT get an extra 5 days if the proof of service was served by mail. This assumes an unlimited jurisdiction case; if limited jurisdiction, you have only 30 days.See question
Before any hearing on my matter, my petition for a writ of mandate under CCP § 1094 was denied with prejudice by the Superior Court. At this juncture, do I have a statutory right to file a request for reconsideration within the statutory time limi...
No one can answer that question without knowing much more about the situation, including (but not limited to) the reasons why your petition was denied, and when it was denied. I recommend that you consult with an attorney asap/See question
My 170.1; 170.3 Writ was denied in the court of appeal (just one word denied). What is required to continue my writ in the CA Supreme Court. The trial judge did not apply the law and per the clear language in the statutes he must be disqualify; ...
You would file a Petition for Review in the Supreme Court. The deadline is 10 days from the date of the order denying your writ. Be award however that the Supreme Court only grants review (or in the case of a denied writ petition, remand to the Court of Appeal with directions to consider the writ petition on its merits) when the case presents an important question of California law that in the eyes of the Supreme Court, needs to be resolved. The Supreme Court does not intervene merely because the Court of Appeal made an error.
I recommend that you retain an appellate specialist with experience in Supreme Court petitions.
I didn't have a fair trial the judge threw out all my
With all due respect, it appears that you needed a lawyer in the trial court and that if you intend to appeal, you need an appellate lawyer now. A wrongful termination case is a complex matter, and so is an appeal.See question
I filed for divorce in Sept 2014. At that time, both ex and I filed and I&E. Thru the next 18 months of legal drama - related to my ex refusing to provide pay stubs and us being unable to subpoena it from the overseas company he works for - he nev...
First there is no such thing as a "slam dunk" appeal, and any attorney who says so is snowing you.
Among the issues that your posting raises is whether your attorney objected to the use of the 2014 I&E (before, during and/or after the decision was rendered), and whether you can demonstrate that the error caused your prejudice (i.e., affected the outcome). You state that you saw his tax return after trial, but unless that return is part of the court's records you cannot make the argument on appeal (which means that you need to get it into the court's records by objections to the statement of decision and a motion for new trial, etc., unless it is too late to do so).
I recommend that you sit down and review all of this with an appellate attorney asap.
I lost a Property division judgment in Family law. After the judgment, I filed a valid ex-parte set-aside motion to vacate judgment, based on fraud by other party during the trial. I filed a demand for production of records. The demand for docume...
The filing of a Notice of Appeal does not alone suspend the trial court's ability to enforce the judgment. You need to take other steps (post security) in order to perfect a stay of enforcement.
I am also a little concerned about your reference to the 90 day rule in CRC 8.108. Those deadlines are tricky, and for a number of reasons I fear that you may not have filed a timely appeal from the underlying property division judgment. I recommend that you consult with an appellate attorney to review the file and paperwork and provide advice.
I am just looking for a definitive answer to appealing the DVRO, if it is possible, and the deadline to do so. If it is not possible, what are the specific rules regarding the restrained person filing a Request to Change Order that the Court's web...
A DVRO is an appealable order. The deadline for filing the notice of appeal is 60 days from notice of entry of the order, which for a DVRO usually means 60 days from the file stamped date. The appeal itself will take a much longer time.
While the order can be appealed, the more important question is whether an appeal will be successful. Most are not, and I recommend that you consult with an appellate attorney who can review the record and offer advice about the merits of an appeal.
As for filing an RFO to modify the order, I recommend that you consult with a family law attorney or a civil attorney with DVRO experience.
I lost a property trial case in FL. I had presented to the court that a consulting business that I had started post separation should remain mine, but the judge granted it as my ex’s separate property. I filed a set-aside motion based on FL 2100, ...
I recommend that you consult with an appellate specialist who can review the judgment and your post-judgment motion, etc., before rendering an opinion and advice.See question
If an attorney lied as a witness on the witness stand what can I do about it? Report to BAR?
OK, lets start at the beginning. Who says that the lawyer lied? If the judge made that finding, that is one thing (and reportable to the Bar). If you believe that the lawyer lied - and there is no judicial finding of actual perjury - just move on.See question