Process to appeal a demurrer. Advice needed please.
The only way you can get immediate appellate review of an order overruling a demurrer is by filing a petition for writ of mandate, but such...
Oxnard, CA
Appeals Lawyer at Oxnard, CA
Practice Areas: Appeals, Litigation
The only way you can get immediate appellate review of an order overruling a demurrer is by filing a petition for writ of mandate, but such...
If by "denied," you mean the appellate division ruled against you, then yes, it appears there is still hope to get in front of the Court of Appeal,...
I have never done so, but I think you can petition for a writ of supersedeas in the Supreme Court. Rule 8.112(a)(1) provides that "A party seeking...
Judgment collection is subject to very detailed and demanding statutory requirements. Very small defects can delay your ability to enforce the...
I agree generally with Mr. Smith, but there are occasions when it is OK to make a second motion for leave to file an amended complaint containing a...
I found a good explanation at the blog post linked below. Note that although the link is to a law firm's blog post, I am not endorsing the firm or...
In California, the percentage taken as a contingency fee is not set by statute. It is subject to negotiation at the outset of the engagement. I...
Avvo says your own location is in CA, so I don't see any advantage to a NJ court unless NJ law applies, in which case you might want a NJ court...
Your question leads me to believe you are not describing events accurately. One doesn't answer a cross-complaint with a notice of attachment, e.g....
It probably wouldn't hurt. If the exhibits are not properly authenticated in the petition, the court may not consider them. However, usually...