Legal Question in Business Law in California

You have 60 day max to file a notice of appeal from entry of judgment.

Mr. Nelson is wrong and assumes too many things.

The time for filing a notice of appeal is jurisdictional, and like so many other things in law, is riddled with exceptions.

If the lawsuit you are appealing from was a limited civil action, then you must appeal to the appellate division of the Superior Court, not the Court of Appeal. The time limits for that situation are governed by California Rules of Court, rules 8.222 and 8.223.

The general rule regarding time limits to file a notice of appeal from a limited civil action, called �normal time� by the appellate rules, is set forth in California Rules of Court, rule 8.822(a). That rule provides that a notice of appeal must be filed on or before the earliest of ninety (90) days after the entry of judgment, thirty (30) days after the party appealing serves or is served by a party with a document titled �Notice of Entry� of judgment or a file-stamped copy of the judgment, accompanied by proof of service, or thirty (30) days after the trial court clerk mails the party filing the notice of appeal a document entitled �Notice of Entry� of judgment. (Cal. Rules of Court, rule 8.822(a).)

Notice how in that situation, you start out with 90 days from the judgment, but your time can get shortened by service by the court clerk, or the other party, with a document titled "notice of entry of judgment." If that has happened, you only have 30 days from the date the "notice of entry of judgment" was served to file your notice of appeal. the familiar five-day extension for service by mail that applies to many state court deadlines does not apply to notices of appeal. (Code Civ. Proc., � 1013, subd. (a).)

Rule 8.223 governs extensions, and is also tricky.

If you are appealing from an unlimited civil action, your appeal is to the Court of Appeal. The time limit there is governed by a different set of rules: California Rules of Court, rules 8.104 and 8.108.

"Unless a statute or rule 8.108 provides otherwise, a notice of appeal must be filed on or before the earliest of: (1) 60 days after the superior court clerk serves the party filing the notice of appeal with a document entitled 'Notice of Entry' of judgment or a file-stamped copy of the judgment, showing the date either was served;

(2) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled 'Notice of Entry' of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or

(3) 180 days after entry of judgment."

I realize that this response may be confusing. If you are in doubt, feel free to give me a call during working hours on my office line, or send me a private e-mail. ([email protected])

Mr. Nelson's answer is too simplified; Mr. Roach's answer may be over-blown.

My advice is to file the Notice of Appeal as soon as possible. It is very simple.

Then, get a crackerjack lawyer to prepare and prosecute your appeal. This is not suitable turf for the self-represented.

I assume your case involves a CCP 664.6 motion to enforce settlement. If the trial court did indeed make these errors (surprising, however) your appeal will be pretty technical and will require professional-quality briefing to have even a slight chance of success.