Legal Question in Business Law in California
Time to file an appeal.
On 8/17/07, a court sustained a demurrer without leave to amend by stating that my claim is time barred by statute of limitations. I have been considering an appeal of this order because I believe a legal error has occurred.
Approximately 1 week later, the prevailing party served me with a document entitled ''proposed order on demurrer'' which was an order for the judge to sign stating that the claim was not only time-barred, but also did not state sufficient facts to constitute a cause of action. Because I was considering an appeal, I filed an opposition to this, arguing that the court only ordered that the claim was time-barred and no more. The judge agreed, and blacked out the part of the proposed order about a failure to state sufficient facts for a cause of action, then signed the order which only stated it was time barred.
On 9/13/07, the opposing party served me with a copy of this order entered 9/7/07.
2 questions:
1) When does the time begin to accrue for filing a notice of appeal? From 8/17/07, 9/7/07, or 9/13/07?
2) How long do I have to file a Notice of Appeal? I have heard up to 180 days.
3) What is the latest date to file a Notice of Appeal?
4 Answers from Attorneys
Re: Time to file an appeal.
60 days from service of Notice of Entry of the challenged order.
Re: Time to file an appeal.
Has the court issued an order dismissing your complaint or entered a judgement of dismissal based on its ruling on the demurrer? Has the order of dismissal or judgment of dismissal been entered and notice of entry served on you? These are the important questions that bear on when the clock starts ticking. Regardless, this is something for an attorney off this public list.
Re: Time to file an appeal.
The question is more subtle than you realize, and perhaps more so than the two prior responses took into account as well. I would need more information before I could give you an answer, but I can tell you that (a) your timeframe is 60 days, not 180, and (b) it is possible that your 60 days began to run on August 17. If that it the case your due date for a notice of appeal will be October 16.
You need to consult with a lawyer about this right away, since drafting a notice of appeal (or even correctly filling out the standard form) is not as straightforward as you might think.
I am one of the few California attorneys (about 225 out of over 150,000) who has been certified by the State Bar's Board of Legal Specialization as a specialist in appeallate practice. Feel free to contact me directly if you want to discuss your situation further.
Re: Time to file an appeal.
October 16th. What facts do you have to bring it out of the statute? Contact me directly.
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