Category Archives: Writs & Appeals
Summary of Mandatory Electronic Filing in the California Courts of Appeal
There are six appellate districts in California. As of January 2020, all appellate districts in California require parties represented by attorneys to electronically file and serve appellate documents in all civil, criminal, juvenile or original proceedings. (Cal. Rules of Court, rule … Continue reading
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
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
Lost in state court? Under the Rooker-Feldman doctrine, you don’t get second chances in federal court.
A litigant may lose in state court, whether at trial or on a motion to dismiss, and decide to give it a second try by refiling the case in federal court. Pro se litigants are more likely to seek second … Continue reading