Legal Question in Appeals and Writs in California
Judgment or Order
A demurrer is based upon what the plaintiff says in the complaint.However,the plaintiff did not attach any documents to the complaint as exhibits,but did mentioned the title of the evidence in his demurrer that he will summit as exhibits. Since this was mentioned, and attached; and this become part of the complaint and be considered in a demurrer ruling? I had not received a judgment or order is the dismiss of my case on 10/26/04 How must I get the judgment in the court file? If there is no judgment in the court file, and nothing in the minutes says who is to prepare, then generally the winning party prepares the order or judgment. I had received a notice from the opponent,and not from the court itself,does this mean that this is the judgment or order? I read: Before you start your appeal make sure you have a copy of this order or judgment. This court recommends that the order or judgment be signed by the judge and file-stamped in the upper right-hand corner. The dismiss came was spoken by the judge on 10/26/04. And plaintiff had not received no notice for the court since this day, making it today, two weeks ago! Since I only receive the opponent notice of dismiss; should I file for my appeal anyway without the court itself ruling
3 Answers from Attorneys
Re: Judgment or Order
You need to be aware of Code of Civil Procedure section 904.1 regarding notice of appeal. You also need to be aware of recent changes in the Rules of Court regarding when a judgment is entered. If the notice you received indicated that the case was dismissed, it may be an appealable order. You have 60 days to appeal from a judgment of dismissal. A subsequent judgment of dismissal may be filed. You may need to appeal from the order of dismissal and the subsequent judgment to avoid any possible mistake as to whether the order is appealable. Mr. Bravor is correct you should consult with a lawyer. Good luck.
Re: Judgment or Order
You need to be aware of Code of Civil Procedure section 904.1 regarding notice of appeal. You also need to be aware of recent changes in the Rules of Court regarding when a judgment is entered. If the notice you received indicated that the case was dismissed, it may be an appealable order. You have 60 days to appeal from a judgment of dismissal. A subsequent judgment of dismissal may be filed. You may need to appeal from the order of dismissal and the subsequent judgment to avoid any possible mistake as to whether the order is appealable. Was the notice you received filed with the court? Mr. Bravor is correct you should consult with a lawyer. Good luck.
Re: Judgment or Order
The notice of the order served by the opponent is enough. You have 30 days from date served. Let me reiterate my last response, get representation.
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