Legal Question in Appeals and Writs in California

No. The case is over, and you lost. Next time you are sued, get a lawyer or learn how to file a timely written response.

Mr. Stone is incorrect. You have the right as a matter of law to appeal any injunction, including a TRO. The real issue is practicality - since TROs are temporary pending the hearing on a preliminary injunction, the TRO will expire well before you can complete an appeal. That you have no written record is, of course, another problem.

The better course of action is to defend yourself at the preliminary injunction stage - preferably with the assistance of an attorney, and with written opposition and evidence, and a record or the hearing - and appeal from that order if you lose at that stage. If the court did not set a hearing on the preliminary injunction, you may also have the right to appeal that error.

I am a certified appellate law specialist; please see my website at www.SanDiegoAppeals.com for more information about myself and about civil appeals. I am available for a consultation if you need more information. You can call my office at 800-988-4807.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

I agree with Mr. Fox and disagree with Mr. Stone.

Even if the court has issued a permanent restraining order which you mistakenly labeled a TRO, you have the right to appeal the decision -- unless you have missed the deadline or otherwise forfeited that right. Your failure to file a written opposition may preclude many types of argument on appeal, but others would still be available to you. Depending upon what type of error the trial court may have made, you could still succeed on appeal.

Feel free to contact me directly if you want to discuss your case further. I am certified by the State Bar of California as a specialist in appeals, and I have over 15 years of experience in appellate practice.

Mssrs. Fox and Hoffman are correct. Although you did not file a response, your "record" will be the reporter's transcript of the hearing. Thus, your record is limited. You are not entitled to present new evidence or new arguments on appeal.