Legal Question in Appeals and Writs in California

Re: Appealig without showing to Court

Yes. For example, if the case was dismissed because plaintiff did not show up, plaintiff could appeal that it should have been continued with a sanction hearing also set. A decision that does not resolve all the issues in the case [final judgment]normally can not be appealed, but this is one guaranteed appeal from a trial court judgment. If the judge merely decides part of the case, it probably wold be pre-mature to file an appeal.

Re: Appealig without showing to Court

That depends upon many factors. What kind of decision was it? If it was a ruling on a motion, then chances are you can't appeal it yet and must wait for a final judgment. If it was a small claims case and you were the plaintiff, then you can't appeal. If you weren't a small claims plaintiff and if the ruling was recent, there are probably steps you should take in the trial court before filing an appeal.

Even if your absence led to an appealable judgment against you, there are not many arguments you will be able to make on appeal. You can win such an appeal if the trial court lacked jurisdiction over you (for example, if you were never served with the papers), but most other types of arguments will not be available.

Feel free to contact me directly if you want to discuss your situation in more detail. I am a certified specialist in appellate practice (per the State Bar's Board of Legal Specialization) and will probably be able to help you better understand the position you're in.