If a writ of mandate of an interlocutory order is denied, do you lose your ability to appeal that during the final judgment?
T. Peter's answer
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Answered on December 03, 2023
Generally, interlocutory orders not separately appealable are subsumed within an appealable judgment and may be challenged on appeal.
Does a statement of decision have to be officially signed and filed by the judge before we can file an apeal?
T. Peter's answer
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Answered on October 01, 2023
Yes, the court should issue a statement of decision and a judgment -- beware that a statement of decision may itself serve as an appealable...
In the 2dca, Can i submit my aob and mtn 2 vacate dismissal seperately, or must they filed be simultaneously?
T. Peter's answer
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Answered on August 10, 2023
You should submit your motion to vacate dismissal immediately and attach a declaration explaining your progress in preparing the AOB and specifying...
CRC 8.204(e) and non complying briefs for not citing to the Record?
T. Peter's answer
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Answered on July 28, 2023
You should pinpoint cite to the precise page (and line number if applicable) regardless of whether the opposing side follows the rules.
Where do we file first after a unfavorable trial ruling a reconsideration motion or a notice of appal?
T. Peter's answer
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Answered on April 23, 2023
It depends on the nature of the trial court ruling, and the circumstances of your case. Most trial court rulings are not directly appealable;...
Can the Judge Grant my motion for summary judgment if the Defendant did not file a Opposition to my Motion?
T. Peter's answer
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Answered on February 18, 2023
The defendant’s failure to oppose your motion does not necessarily mean the court will grant it. The court will still want to satisfy itself that...
Is order without prejudice appealable?
T. Peter's answer
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Answered on February 07, 2023
Orders denying injunctions generally are appealable. But, you also must demonstrate prejudicial error on appeal. Because the trial court denied...
How many days do you have to file a Writ of Mandate from a trial court order you disagree with and is not generally appealable?
T. Peter's answer
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Answered on October 17, 2022
The general rule is that a petition for a writ of mandate should be filed in the Court of Appeal within 60 days of the date of a nonappealable...
CAN A JUDJE DENY A MSJ MOTION even if no opposition to it was written ?
T. Peter's answer
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Answered on October 09, 2022
Yes, it is not uncommon for judges to deny unopposed motions. The moving party must meet its burden regardless of the lack of opposition.
If in an AntiSLAPP appeal Ct rules both parties are to bear their own costs on appeal,can the party filing it request atty fees?
T. Peter's answer
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Answered on August 24, 2022
Attorney’s fees and costs are not the same here. The California Court of Appeal expressly uses the term “attorney’s fees” or “fees” in its...