Legal Question in Civil Litigation in California
What is the staute of limitations for filing an appeal of an order sustaining a demurrer (of a petition for writ of mandamus)? Under what code section? Thank you.
1 Answer from Attorneys
Generally speaking, you have 60 days from the delivery to you of notice of entry of the order. But the order itself may not be appealable. Was the demurrer granted without leave to amend? If so, it is not the final order in the case. Further, if the responding party has or intend to prepare a formal judgment, you should appeal from that judgment, and not the order.
The better practice is to consult with an appellate specialist (such as myself), who would review the order in question and then advise you of the proper procedures to follow. I practice appellate law in all courts in California, with offices in Century City and Santa Barbara.