Legal Question in Appeals and Writs in California

Re: Time frqme for Appeals

An order sustaining a demurrer is not appealable, except in a few rare situations. You have to wait for the court to enter judgment or dismis the case.

If the demurrer was sustained only as to portions of your complaint, then the court won't enter judgment or order a dismissal until the rest of your claim has been resolved. At that time you will be able to argue that the demurrer should have been denied and to contest subsequent errors.

If you still have claims against other parties or vice versa, the court might not enter judgment or formally dismiss your complaint yet.

If the judge gave you leave to amend, then you need to do so. The court may enter judgment and/or dismiss your case if you don't amend, but your ability to appeal will suffer because the order will be your own fault.

Once you can appeal, you must file your Notice of Appeal by the earliest of: (a) the 60th day after your opponent serves you with notice of entry of the judgment or order; (b) the 60th day after the court clerk mails you such notice; or (3) the 180th day after entry. Unlike many other California filing deadlines, these are *not* extended if the notice is served by mail, fax, etc.

It can be hard to tell if a given document qualifies as a proper notice of entry, and opposing counsel might try to lead you astray by sending you an order that qualifies but looks like it does not. File early instead of waiting until the last minute, and you won't be tricked.

Then there is the matter of a motion for reconsideration. Generally such a motion is proper only where there has been a change in the law (like a new case or a newly-enacted statute) or where you become aware of new facts of which you could not reasonably have known before. Since a demurrer does not involve factual arguments, only a change of law would help you.

You have only ten days in which to seek reconsideration. If you do, then the time to file your notice of appeal is extended. The notice of appeal will then be due on the earliest of: (1) the 30th day after the clerk or a party serves you with an order denying the motion or notice that such an order has been entered; (2)the 90th day after the reconsideration motion was filed (if more than one party files such a motion, then the 90 days begin on the day the first motion is filed); or (3) the 180th day after the *original* appealable judgment or order was filed.

As you can see, just getting *started* with an appeal can be a complex and difficult process. There will be other challenges along the way. You should get a lawyer to handle this for you - preferably one who knows what he is doing. I am certified as a Specialist in Appellate law by the State Bar's Board of Legal Specialization (only about 220 of California's 160,000-plus attorneys are so certified); if you would like to contact me I will be pleased to discuss your case with you further.

Re: Time frqme for Appeals

I believe you have 60 days but you are best to do your own research or hire an attorney. Also, I do not believe filing the motion to reconsider tolls the time to file appeal; again you need to check to be certain.

Re: Time frqme for Appeals

10 days for reconsideration motion and 60 days for notice of appeal from date of service of order or entry by clerk depending on the circumstances. However, there are requirments for a reconsideration motion in addition than your desire that the judge reconsider. Get representation immediately. Call me directly at (619) 222-3504.

Re: Time frqme for Appeals

You should read CRC Rule 2(a) (time to appeal) and Rule 3(d) (extensions of time re: reconsideration of appealable orders.

Motions to reconsider are in C.C.P. Sec. 1008, which generally has strict requirements regarding timing (as short as 10 days) and reasons and explanations for not coming up with those reasons at the original hearing. But you really should consult an attorney since there is a statewide divergence of authority on when trial courts can reconsider matters.

If you were given leave to amend that totally changes things, so again, consult an attorney.