Legal Question in Appeals and Writs in California

Re: Appeals Help - URGENT

Lawyers don't mind messy appeals cases, I don't at least; however, lawyers mind being asked to do them for free or cheap. That is the typical problem. You can expect to spend considerably money on an appeal, charged by the hour for all time spent. Feel free to contact me if serious about doing this with counsel, but you are running out of time and need to seek an extension as the first item of business.

Re: Appeals Help - URGENT

I'm not sure what kind of argument you think you have on appeal. All the Court of Appeal is supposed to do is to decide whether the trial court made a mistake. If the trial court dismissed your case because it was filed after the limitation period, you will have a very hard time arguing that its decision was wrong -- especially if you did not make such an argument in the trial court. Sometimes a case that seems to be time time-barred really isn't, but demonstrating this to the trial court is not easy. Demonstrating it to the Court of Appeal if you didn't try to do so in the trial court will probably get you nowhere, even if you're right.

I would need to know more about your case before I could offer any guidance. I am a certified appellate specialist (per the State Bar's board of legal specialization) and might be willing to represent you if there is a meritorious argument you can make.

Re: Appeals Help - URGENT

If you will pay an attorney for his or her time, then you will find one. Contact me directly.

Re: Appeals Help - URGENT

Few problems:

1. You are unclear on the facts, so it is difficult to give a sound answer.

2. The court of appeals is not a court of second chance; it is a reviewing court. It's task is to determine if the trial court committed reversible error. If the trial court correctly dismissed on the basis of a statute of limitations, you will have a difficult if not impossible task of convincing the court of appeals that the court was wrong.

3. Your posting suggests that you are looking for an attorney to represent you for free. The case itself doesn't sound "messy" as all, but most attorneys are not interested in donating time. We have overhead like everyone else.

4. Is this a mechanics lien case? The 90 day comment leads me to believe that it is. If so, you are likely wasting your time with an appeal. The 90 day period is strict. But more significantly, the 90 day period is only a bar on foreclosing the lien - it does NOT bar a lawsuit for breach of contract against the contracting party who didn't pay.

We are experienced in liens and appeals. Please call or email if you need help.

Re: Appeals Help - URGENT

Is this an appeal to the court of appeal? Or to the appellate department of the superior court?

What is the case number, and what is the case about?

It sounds like you have a possible legal malpractice action against the lawyer.

Call your local bar association and ask for attorneys who handle legal malpractice suits.

In the meantime, most appellate courts routinely grant extensions, so look on the court's website for info about how to get one. If you cannot find out, then call the appellate clerk and ask how to get one.