Archived
Question for an appeals attorney: Can I appeal an order denying continuance to motion for summary judgment from final judgment?
Jeffrey's answer
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Answered on December 09, 2014
If you file a timely notice of appeal from the judgment entered against you, you should be able to raise the denial of the continuance as well as...
Archived
Filing petition with higher court after summarily denied...
Jeffrey's answer
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Answered on December 01, 2014
Your next step is to file a petition for review in the California Supreme Court. The time to do so following a summary denial is usually ten days....
Archived
Is there a way to find out why or what caused for petition in the 4th district court of appeals division 3 be summarily denied
Jeffrey's answer
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Answered on December 01, 2014
No. The most frequent cause of denials is that the court of appeal simply did not see the need to act in an expeditious manner rather than have...
Archived
What are legal options for recovery if opposing party's legal standing proved to be illegal after I lost appeal?
Jeffrey's answer
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Answered on December 01, 2014
Whether a party lacks standing is a powerful jurisdictional argument that can be raised for the first time on appeal. If your time has not already...
Archived
Verifying a writ petition?
Jeffrey's answer
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Answered on November 11, 2014
No. It is more substantive than that. Review page 4 of this sample:
http://www.quojure.com/samples/archives/sanctionwrit.pdf
Archived
What does a petition for writ of mandate consist of?
Jeffrey's answer
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Answered on November 10, 2014
A single petition for writ of mandate can seek a stay of all proceedings and/or seek relief as to three upcoming dates. As Mr. Fox indicated,...
Archived
When writing an appellate opening brief, if there are several orders to be appealed, are they all mentioned in the same brief?
Jeffrey's answer
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Answered on November 10, 2014
If you are appealing a judgment, normally the appeal from a judgment can encompass all prior orders that were not themselves separately appealable...
Archived
Do I need to notify the superior court of my filing of writ petition to appeals courts?
Jeffrey's answer
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Answered on November 10, 2014
Your petition filed with the court of appeal should have included a proof of service indicating that you served a copy of your petition on all...
Archived
How can i appeal a dvro that my wife was threatened to get against me
Jeffrey's answer
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Answered on October 14, 2014
You appeal by filing a timely notice of appeal within 60 days of being served with notice of entry of the DVRO. If the DVRO order was entered and...
Archived
Do I have to say the word "objection" to make an objection that preserves my right to appeal?
Jeffrey's answer
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Answered on October 06, 2014
Mr. Fox, as usual, is correct. If you did not have a court reporter present in the court room, you need to move quickly to get a settled statement...
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