Legal Question in Appeals and Writs in California

notice of appeal

This is the situation. I am pro per and lost a judgement from the lower court of termination sanctions of all defendants because I was unable to respond to a discovery court order. I submitted to the lower (superior court) court in the time frame mandated to file appeals a 'notice of appeal'. Because I am pro per and unaware of specific court rule and regulations I did not know I was to file the notice of appeal with the appellate division. Yet the notice of appeal was filed and in a timely manner. Yet after I called the appellate division and a clerk there said that they had no record of my notice of appeal. The clerk continued to say that because I filed the notice of appeal with the lower court, and the lower court has no jurisdiction over deciding appeals they (the lower court) was supposed to forward the notice of appeal to the appellate division. Is there precedence that dictates this?

Thanks for your help.

Greatfully


Asked on 4/05/07, 7:46 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: notice of appeal

go to the website of the california courts, and at the top click on Rules. Then go to the sections about time to file and where to file. [http://www.courtinfo.ca.gov/]

Look at rule 8.100 et. seq. or 8.750 et seq., depending on the kind of appeal you have. (It sounds like 8.750 for an appeal from a limited civil action.) Filing with the superior court clerk where you lost seems to be the place you should have filed it.

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Answered on 4/05/07, 10:51 pm


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