Archived
How could one obtain a third extension to file an appeal brief in a California Court?
Or is it even possible?
Martin's answer
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Answered on October 08, 2015
Based on the new information you provided in your comment on Ms. Berry-Jacoby's post: Yes, it is possible to obtain an extension of time after the...
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Archived
I sent my notice to appeal in civil court in Santa Clara county to the First St court house, not to appeals, online it's filed?
Martin's answer
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Answered on October 05, 2015
When you say that your "time limit had passed," do you mean that it passed before the notice of appeal was filed? If so, you're probably not OK. ...
Archived
Can I appeal a civil judgment to a higher court, like the state supreme court? How would I do this?
Martin's answer
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Answered on September 24, 2015
A civil judgment in the superior court's "unlimited jurisdiction" may be appealed to the Court of Appeal. (Cal. Rules of Court, rule 8.100.) A...
Can you appeal a ruling on an MSJ if you're in binding arbitration?
Martin's answer
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Answered on September 24, 2015
No. Whether you're in arbitration or not, a ruling on a motion for summary judgment is not appealable.
Archived
How do you appeal an appeal?
Martin's answer
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Answered on September 24, 2015
The way to take such a case to a higher court is an application for transfer of the case to the Court of Appeal. (See Cal. Rules of Court, rules...
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Archived
In California, does an infraction appeal (traffic case) use APP-006 or APP-106 or CR-126 to apply for an extension to file brief
Martin's answer
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Answered on September 16, 2015
A traffic infraction case is a criminal case. Regarding extensions of time, see California Rules of Court, rules 8.882 and 8.927.
Archived
How are 15 days for filing of appellant opening brief calculated, following notice from Clerk of failure to timely file AOB?
Martin's answer
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Answered on September 15, 2015
If the 15-day notice is dated September 1, the deadline is September 16. Holidays and weekends do not matter, unless the due date is a holiday or...
Archived
How to appeal three strike felony sentencing due to recent changes in California law?
Martin's answer
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Answered on September 15, 2015
See Penal Code section 1170.126. It's too late now, unless your family member can show good cause why he did not file his petition within two...
Archived
What is it more recommendable to file first to the supreme Ct.; a petition or a request for depublication of an opinion?
Martin's answer
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Answered on September 15, 2015
If you're going to file both in any event, I don't see how the order would make any difference. Since the deadline for the petition for review is...
Archived
Do lawyers routinely and freely outright lie on appeal?
Martin's answer
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Answered on September 05, 2015
No, lawyers do not routinely and freely lie on appeal, though I've seen a few lawyers do it. Most of the conduct you describe is not typical of...
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