In a California civil appeal am I allowed to say that I should be given leave to amend based on new facts and a new theory?
Michael's answer
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Answered on December 07, 2017
I would assert it in your brief as long as it's not a sham (and I assume it isn't). But I would also explain why you didn't assert those facts to...
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Is there any advantage to decling to stipulate for filing extensions?
Michael's answer
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Answered on November 28, 2017
I can't think of any time I've refused a request to enter into a stipulation to extend the time to file a brief in an appeal. They can file an...
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Does an extension to file an appeal brief start the day you request it, or from due date?
Michael's answer
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Answered on November 28, 2017
The sooner the better. The extension is from the date your brief is now due. So if it's due on December 5, for example, and today you seek a ten...
Does a cross-appeal require a separate brief?
Michael's answer
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Answered on November 13, 2017
There is a specific rule of court addressing this issue. See California Rules of Court, Rule 8.216 "Appeals in which a party is both appellant and...
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Did appellant file notice of appeal in correct court location?
Michael's answer
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Answered on November 13, 2017
California Rules of Court, Rule 8.100(a)(1) provides: "To appeal from a superior court judgment or an appealable order of a superior court, other...
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What the more common reason Appeals are dismissed by the court?
Michael's answer
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Answered on November 13, 2017
As someone else said, there are a variety of reasons the court might dismiss your appeal, from an untimely filing of the notice of appeal to...
Why does it appear that Appelate Attorney’s want a Denovo “Standard of Review”?
Michael's answer
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Answered on November 13, 2017
Your question is a bit confusing because you said you have a civil case ruled "favorably," but the attorney you met with said you had a better shot...
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How to writ?
Michael's answer
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Answered on October 25, 2017
If it really is a writ you need to seek, then you don't typically file a notice of appeal with the trial court; you file a Petition for Writ of...
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If I file appeal does this undermine attorney malpractice suit?
Michael's answer
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Answered on August 23, 2017
You are better off looking for a malpractice attorney than an appellate attorney; you usually have a duty to mitigate any damages you may have and...
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In the civil appeal process, if the respondent doesn't file a brief but requests an oral argument, what will they talk about?
Michael's answer
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Answered on April 21, 2017
My guess is they'll talk about why they didn't file a respondent's brief.
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