Author Archives: mary

What’s Appealable in a California Family Law Case

In California, the right to appeal is conferred exclusively by statute. Code of Civil Procedure section 904.1, the primary statute addressing appealability, allows for appeal from a final judgment, an order after judgment, or “an order made appealable by the … Continue reading

Are California Attorneys Obligated To Return Inadvertently Disclosed and Potentially Privileged Materials?

There is no Inadvertent Disclosure rule found in the California Rules of Professional Conduct. In the absence of California authority, courts have looked to the ABA Model Rules, and the ABA Formal Opinions interpreting them, as well as the ethics … Continue reading

Pros and Cons of Using An Appendix, Rather Than A Clerk’s Transcript, In An Appeal

An alternative to using the clerk’s transcript is to prepare and file an appendix under Rule 8.124 of the California Rules of Court. Within 10 days of filing the Notice of Appeal, the appellant must file his or her intention to … Continue reading

Can a plaintiff who failed to oppose a demurrer still win an appeal of the judgment of dismissal?

After a court sustains a demurrer with leave to amend, the plaintiff has a limited period of time in which to amend the complaint. Unless the court orders a different deadline, a plaintiff has leave to amend the complaint within … Continue reading

Ex Parte Applications in Federal Court

As in California state court, ex parte applications may be made in federal court. However, they are proper only in limited situations, such as ministerial matters (e.g., to file an oversized brief), scheduling matters (e.g., to shorten time or extend time … Continue reading