Legal Question in Appeals and Writs in California

Res judicata was pronounced without my motions heard

What can I do? In effect the Judge granted me a Continuance, but then in the same breath that he granted me the Continuance he denied all my motions. Then in a hearing that I missed, the one of my Continuance, he made a final ruling on the issues he denied me previously. Can I appeal this? It took place in October 13, 2006 and December 18, 2006.


Asked on 1/24/08, 4:30 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Res judicata was pronounced without my motions heard

Calculating the due date for a notice of appeal can be tricky, but the latest it can be under almost any circumstances is 180 days from the entry of the challenged judgment or order. You are thus more than six months too late even for the latter of these two rulings.

Depending upon the circumstances there may be other ways you can attack these decisions. A direct appeal, however, is not one of them.

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Answered on 1/25/08, 12:43 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Res judicata was pronounced without my motions heard

I want to add something to my prior answer.

Most rulings are not directly appealable. It is quite likely that the rulings you describe were not appealable; if that is the case then you never had a right to appeal them. You may have had the right to seek review via a writ petition instead. Many writ petitions have no formal time limit, but it would be almost impossible to justify waiting this long.

However, even rulings that are not directly appealable can often be challenged on appeal from a *subsequent* appealable judgment or order. Thus, if the orders you describe were made on routine motions, you can probably challenge them in an appeal from the final judgment in the case -- assuming, of course, that you file your appeal on time.

Bear in mind that the 180 days I mentioned in my prior answer is the longest possible time in which to file a notice of appeal. In most situations, however, the due date is much sooner.

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Answered on 1/25/08, 12:50 pm


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