Legal Question in Appeals and Writs in California

If my motion to set aside is denied, can I appeal from the denied motion to set aside order or

should I appeal from the original order date before I filed motion to set aside?

As far as I know, if the order indicates that my moton to set aside order is denied, this automatically extends 30 days to appeal from the order that I requested to set aside.

When I file the notice of appeal, should I choose the order date of denied motion to set aside or the order date before I filed the motion to set aside?


Asked on 1/04/12, 2:43 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Are you the guy that tried to do his own case for back wages, lost, and filed some kind of motion a whole year later? Good luck with that.

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Answered on 1/04/12, 3:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Your questions are harder to answer than you might realize. Since you haven't said what kind of order you want to set aside or when it was entered, I can't even begin to tell you what you need to know.Feel free to contact me directly if you wan to discuss your case; I am certified (by the State Bar of California's Board of Legal Specialization) as a specialist in appellate practice, and I have many years of experience in both civil and criminal appeals.

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Answered on 1/04/12, 5:01 pm
Anthony Roach Law Office of Anthony A. Roach

I suggest speaking to competent appellate attorney as soon as possible, as pointed out by Mr. Hoffman. Knowing when to file an appeal involves tricky rules that differ depending on where the case is filed, such as limited civil, or unlimited, or even small claims.

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Answered on 1/13/12, 10:17 am


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