Legal Question in Civil Litigation in California

If an Appeal (in Unlimited Civil case) is dismissed by the Court of Appeals, for failure to comply with their filing rules (after Notice of Default was given by them), can the Appeal be re-filed, so long it is within the 60 day time period.

The court of appeal didnt specify that the dismissal was "with prejudice" or "without prejudice" (as they usually specify in Superior Court).

I know that a Motion To Reconsider, Vacate Dismissal can be done with the Court of Appeal, but since Im still within the 60 day time-limit (to file Appeal), I think filing a new Notice of Appeal is appropriate, to start over.

Would I be safe, to file another Notice of Appeal, so long as Im withing the 60 day time-limit.


Asked on 2/13/14, 8:16 pm

2 Answers from Attorneys

My apologies if this is too blunt, but in all honesty if you have lost at the trial level and blown the filing requirements for appeal, don't you think it's time to recognize you either are in over your head or you don't have a valid case or both? If you can't find an attorney to take your case at this point, you need to realize you don't have one. Either find an attorney who will take it, or face the fact that you don't have a valid case.

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Answered on 2/13/14, 11:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

No. You can't bring a second appeal from the same judgment or order after a first appeal is dismissed, even if the original filing deadline has not yet passed. You must instead ask the Court of Appeal to reinstate your case. And you must do so before the applicable deadline, which is not the same deadline you faced in the trial court.

Please feel free to contact me if you want to discuss your options. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with almost 20 years of experience in the field.

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Answered on 2/14/14, 10:52 am


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