Skip to main content
Dabney Finch

Dabney Finch’s Answers

353 total


  • What is the probability a California court will make a decision contrary to Cadwell-Faso & Faso?

    Could a court in a different California appellate district make a different decision regarding how the 7 day waiting rule for a prenuptial is applied? Could the California Supreme court review a case and overturn the Cadwell-Faso & Faso decision? ...

    Dabney’s Answer

    The answer to your question might hinge on representation. But if you have enough at stake to be concerned over a pre-nup, you should be consulting a professional appellate attorney with all the facts of your case, and the basis for the judgment, being reviewed. There are many well qualified attorneys who could help you right here on Avvo. Best of luck!

    See question 
  • Filing A Motion To Reinstate My Appeal

    In my civil case, the Appellate court dismissed my appeal after I missed the deadline to pay the appeal’s fee.I thought that I had 30 days to file a motion to vacate this dismissal since the order of dismissal becomes final 30 days after it is iss...

    Dabney’s Answer

    I agree with my associate's answer, above. Also, you mustn't attempt to rely on logic when dealing with the Courts of Appeals procedures. If it makes you feel any better, the odds of succeeding on appeal are very slim, and even slimmer for pro pers.

    See question 
  • What happens when a party refuses to stipulate the other party for an extension of time?

    Is it okay to write a letter to the appellate court and inform them that the opposing side intentionally refused to stipulate them before filing an application to request for an extension of time?

    Dabney’s Answer

    No letter. Go to your court's website and look under judicial council forms, appellate, request for extension of time. You can use that form to request your extension and it even has a check box for whether or not the other side agreed to the extension. It operates as a request and also the supporting declaration. Best of luck!

    See question 
  • EDD hearing

    I am heading into EDD hearing next week on unemployment benefit eligibility, WITHOUT an attorney..... Am I setting myself up for disaster? Would the employers come fully attorneied up? If you have experience participating in EDD hearing, ...

    Dabney’s Answer

    Actually, appeals isn't the area you want. I'm going to have your question reposted to the employee benefits area. Best of luck!

    See question 
  • Question about California Rule(s) of Court 8.889-Rehearing/ limited civil/ Appellate division/Los Angeles

    Question about California Rule(s) of Court 8.889-Rehearing Which "day" it is based on? I am a little confused about it's A(1) & (2) AND it's B(1)a.... 15 days within tentative ruling? Oral Hearing ? Or Notice of Ruling in the mail? Or final ...

    Dabney’s Answer

    • Selected as best answer

    (b) Petition and answer

    (1)A party may serve and file a petition for rehearing within 15 days after:

    (A)The decision is filed;

    Without more information, this is most likely the situation you are in. So the petition for rehearing would be within 15 from when the appellate division's decision is filed (stamped). Good luck.

    See question 
  • What should my abbreviation be for my appendix for my reply brief on appeal?

    I'm the appellant in a civil case. For my appellate opening brief, my appendixes volumes were abbreviated "AA". What should the abbreviation be for my appendix on my Appellant's reply brief?

    Dabney’s Answer

    Still AA. Generally there's no reason to file another appendix with a reply. Everything relevant to the appeal should have been included in the AA you filed with your AOB. Anything the respondent argued that needed more documentation would have been included in the respondent's appendix, if there was one. Since one is not supposed to argue in a reply anything not brought up by either of these briefs, there should be no reason to file an appendix with the reply. (That said, if there is actually a good reason to file another appendix, I'd try first to add documents as exhibits, or label the appendix "ARA" and footnote that stands for "appellant's reply appendix.") Good luck!

    See question 
  • I requested an unemployment appeal hearing in N.D within the limit of 8/3/15 hearing now set 10/21/15.NO Time limit for hearing

    Walmart states I voluntarily quit for no showing back in ND as I was in CA with active ct. dates on landlord/tenant eviction of my home. Also, promised full time transfer employment in CA while in ND...all fell thru when all Walmarts hire only par...

    Dabney’s Answer

    This area is for civil and criminal appeals, but does not include employment issues. I will repost in the appropriate area for you.

    See question 
  • Why, in a Civil Appeal, does the Court not follow California Code of Civil Procedure?

    I filed an appeal in a Civil Case. The appeal was dismissed. I filed a motion to set aside a dismissal/vacate default judgment. It was opposed. I filed a reply to the opposition and the clerk rejected my response saying that I was not allowed to r...

    Dabney’s Answer

    I agree with my colleague that the clerk told you correctly that CCP statutes are not applicable to appeals. As for your question as to why not, it's because the procedural setup is completely different, as are the pleadings. They did you a favor by accepting your motion even though you cited the wrong code section. Good luck.

    See question 
  • Does signing off on the statement of decision stop me from filing a notice of appeal?

    I understand that the statement of decision is not to argue the case, but just want to be certain that signing this will not affect my ability to appeal the judgment. Thank you!

    Dabney’s Answer

    If by "signing off" you mean not objecting to the statement of decision, no, that will mean you have waived your right to appeal. But the appeal is from the judgment, not the statement of decision.

    See question