Legal Question in Appeals and Writs in California

Breach Of Contract

There was Breach Of Contract civil case that was dismiss on defendant's demurrer on 10/26/2004; which plaintiff didn't know anything about appeal,until after the 60 days after the document entitled Notice Of Entry of Judgment or a file-stamped copy of the judgment,accompanied by proof of service;or (3) 180 days after entry of judgment, which this 180 days were on 2/26/05.

If appellant missed his appeal limit of 60 or 180 days; is there another way that the plaintiff can reopen his case based on this ground: On 10/26/04 when the judge dismiss the case on the defendant's demurrer; the defendant's attorney asked the judge ''What about the plaintiff's statute?'' (which was under Cal. Civ Proc. 337) The judge replied to the defendant's attorney was'' Don't worry about that!) otherwords, statute of limitation cal. civ proc 337 was totally abandon!

Farthermore, A demurrer is based on what a plaintiff said... Therefore, what do a demurrer have to do with a written contract? My complaint was wrongly injustice. I don't understand how did my complaint case of a breach of contract got switch over to the desmissal of the defendant's demurrer?

On these above grounds & issues will a attorney be able reopen this case?

Hope to hear from y


Asked on 3/15/05, 4:12 pm

4 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Breach Of Contract

You may ask the Court of Appeal to allow you to file a late appeal. OR, you could simply file another lawsuit. I would seek an attorney's advice before proceeding and schedule a time for a full consultation. I would be happy to give you a free consultation, if you'd like. Call me at (310) 806-9237

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Answered on 3/15/05, 4:27 pm
Scott Jarvis Jarvis & Associates

Re: Breach Of Contract

One way to settle this issue would be to file another lawsuit. If you would like to file another lawsuit we would be happy to discuss it with you. I would advise you to hire an attorney to assist you.

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Answered on 3/15/05, 6:46 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Breach Of Contract

Why didn't the plaintiff recieve the notice of entry of judgment in a reasonable time? Call me directly at (619) 222-3504.

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Answered on 3/16/05, 1:06 pm
Terry A. Nelson Nelson & Lawless

Re: Breach Of Contract

You probably only have six months to file a motion for relief from default on the judgment. IF you have necessary legal grounds and reasons to justify relief, you may be able to get the case reopened to allow your to file an amended complaint. Late appeal would not likely be granted, and would not be worth doing. Contact me if interested in discussing the facts and fees involved in doing this.

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Answered on 3/16/05, 1:08 pm


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