Legal Question in Appeals and Writs in California

Re: How Long!

There are 3 different criteria to determine the last day to file an appeal. Therefore, a simple answer cannot be given and such would be irresponsible. Please consider this, if the plaintiff could not successfully defend a demurrer how would the pro per be successfull in the appeal. The practice of law is not for amateurs. My best advice is for the plaintiff to obtain representation. Call me directly at (619) 222-3504.

Re: How Long!

There is nothing incorrect in either Mr. Hoffman's or Mr. Bravos' responses to your question. I only add that your question omits an indication whether the complaint was dismissed as a result of the granting of the demurrer. The order granting a demurrer is not appealable, your appeal lies from a subsequent dismissal of your complaint. Typically, the party that succeeded on the motion will serve the Notice Of Entry of Judgment that starts your time to appeal. If no one serves you with a Notice of Entry of Judgment your time to appeal will extend to 180 days from the date that the judgment of dismissal was entered in the court's records. This requires you to monitor the court file to see when these events occur. Anyone considering your questions would highly recommend that you consult with an attorney experienced in civil appellate matters. Good luck.

Re: How Long!

The statute of limitations isn't your problem, but the fact that you filed on time is not enough to get you all the way to trial. If your complaint (assuming all of its allegations are true) does not show you are entitled to relief from the defendant your case can be dismissed on that basis. This seems to be what happened to you.

You are correct that a demurrer is based upon what the plaintiff says in the complaint, but if the plaintiff attached any documents to the complaint as exhibits then they become part of the complaint and may be considered in a demurrer ruling. My guess is that this is what happened in your case, though you haven't provided enough facts for me to be sure.

Determining the due date for your notice of appeal can be tricky, and you have not provided enough information for me to figure out exactly when it will be due.

The basic rule is this: If you are served with a notice of entry of judgment, then the notice of appeal will be due 60 days after that service. This period is extended by 5 days if you are served by mail at an address within California. If you are Not served with a notice of entry, you have 180 days from the date the judgment was actually entered.

There are several very subtle nuances to this rule, and you should *not* presume that what I have written here is all you need to know. Have a knowledgable appellate lawyer review your file so that you can know exactly when the notice of appeal is due.