Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

If you would like to receive weekly updates of the articles posted here, click here to sign up for the newsletter.

Tag: Notices of Entry

List the Wrong Order in Your Notice of Appeal? No Problem, Appellate Court Says

Filing an appeal is not hard. There is no particular form required. All that is needed is to identify the order you are appealing, and to file it before the deadline.

But as a recent case illustrates, you might not even have to identify the right order. As long as it is filed on time, the Second District held in Bennett v. Rivers (D2d3 Oct. 6, 2021) 2021 WL 4583844 (no. B301211) (nonpub. opn.), the rule of liberality is very forgiving.

The respondent missed a trick here by not serving a notice of entry of the appealable order. That would have set up the 60-day deadline to appeal. Here, the appellant waited to appeal from a subsequent (and non-appealable) order. He was forgiven for appealing from the wrong order, but he would not have been forgiven for blowing the 60-day deadline — if only the respondent had set it up.

That is why it is important to spot the appealable orders early on. If you are unsure, consider consulting an appellate attorney.

Get a weekly digest of these articles delivered to your inbox by subscribing here: https://lnkd.in/g23bc4Y.

Read More
To Start the 60-Day Clock for Your Opponent to Appeal, You Must Include a Proof of Service with Your Notice of Entry

Starting the 60-day clock for your opponent to file a notice of appeal requires strict compliance with the California Rules of Court, including the service requirements. That means a proof of service. Even actual notice in court is no substitute.

Also, if an unlawful detainer doesn't suit you, have you considered an elder abuse restraining order?

That is what happened in Smith v. Monk (D2d4 Jul. 6, 2021) no. B300975 (nonpub. opn.). Mother settled her unlawful detainer action against daughter, but later decided she still wanted her out. She accomplished this through an elder abuse restraining order.

Daughter's appeal, though unsuccessful, survived mother's challenges to timeliness. Mother failed to trigger the 60-day deadline to appeal because even though the order was personally served on daughter in court, and attached as an exhibit to a later filing, neither of these satisfies California Rules of Court, rule 8.104. The Notice of Entry or file-stamped copy of the order must be separately served and accompanied by a proof of service.

Read More
Clerk's Notice Did Not Trigger Shorter Deadline to File Posttrial Motion, Second District Holds

Posttrial motions are a procedural minefield. Today's example: whether you have 180 days to file your posttrial motion, or a mere 15 days, depends on the fine print in the […]

Read More
Cal Appellate News for Lawyers (Sept. 10, 2020)

TVA appellate attorney Tim Kowal publishes this weekly update of legal news for trial attorneys. In this edition: extended CA jurisdiction over out-of-state retailers, ADA liability over online-only businesses, courtroom pandemic changes, and pitfalls on new-trial motions.

Read More

Tags

Podcast (66)
Videos (55)
Abuse of Discretion (19)
Appealability and Appealable Orders (17)
Waiver and Forfeiture (16)
Notices of Appeal (15)
Splits of Authority (13)
Legal Writing (13)
Statements of Decision (12)
Stays on Appeal (11)
Dismissals (11)
New Trial Motions (10)
Arbitration (9)
Judgment Enforcement (9)
Oral Argument (9)
Unpublished Opinions (9)
Briefing (9)
Attorney Fees (8)
Sanctions (8)
Anti-SLAPP (8)
Motions for Reconsideration (8)
Evidentiary Objections (8)
Record on Appeal (8)
Appealability (8)
Timeliness (8)
Dissents (7)
Preliminary Injunctions (7)
Summary Judgments and Summary Adjudications (7)
Implied Findings (7)
Respondent Arguments (7)
Ninth Circuit (7)
Federal Courts (7)
Trial Strategy (7)
Appellate Sanctions (6)
Family Law (6)
Civility (6)
CCP 998 Offers (6)
Standards of Review (6)
Discovery (6)
Collateral Orders (6)
Writ Petitions (6)
Stipulated Judgments (6)
Disqualification (5)
Appellate Bonds (5)
Exclusion of Evidence (5)
Admission of Improper Evidence (5)
Posttrial Motions (5)
Appellate Practice (5)
California Supreme Court (5)
Substantial Evidence (5)
Mootness (5)
Experts (5)
Trial Procedure (5)
Notices of Entry (4)
Timely and Untimely Appeals (4)
Jurisdiction (4)
Default Judgments (4)
Motions to Vacate and Set Aside Judgments (4)
Dismissed Appeals (4)
Ethical Duty of Candor (4)
Excessive Damages (4)
Standing (4)
Motions in Limine (4)
Disentitlement Doctrine (4)
Finding Compelled as a Matter of Law (Failure of Proof) Standard of Review (4)
Frivolous Motions (3)
Juror Peremptory Challenges (3)
Petitions for Review (3)
Depublished Opinions (3)
Summary Judgments (3)
Expert Opinions (3)
Summary Judgment (3)
Appealable Orders (3)
Trust and Probate (3)
Settlements (3)
Appeals Treated as Writs (3)
Stays (3)
Demurrers (3)
Probate Appeals (3)
Judicial Admissions (2)
Legal Ethics and Professional Responsibility (2)
Trial by Reference and Pro Tem Judges (2)
Law and Motion (2)
Contempt (2)
Attorney Client Privilege (2)
Forfeiture and Waiver (2)
PAGA Actions (2)
Litigation Tips (2)
Recovery of Costs (2)
Standards of Evidence (2)
Jury Waivers (2)
Personal Jurisdiction (2)
Tentative Rulings (2)
Motions to Dismiss (2)
Landlord Tenant (2)
Judicial Bias (2)
Appeals Dismissed (2)
Invited Error (2)
Mediation (2)
Waiver (2)
Untimeliness (2)
Legal Practice (2)
Pretrial Procedure (2)
Post Reversal Issues (2)
Pretrial Issues (2)
Class Actions (2)
Motions to Vacate (2)
Mischief (2)
Amicus Briefs (2)
Comments (2)
Civil Theft (1)
Treble Damages (1)
Frivolous Appeals (1)
Post-Appellate Issues (1)
Referral Fees (1)
PAGA Attorney Fees (1)
Issue Selection on Appeal (1)
Remote Arguments (1)
Attorney Feese (1)
Employment Law (1)
Common Interest Doctrine (1)
Premises Liability (1)
Juror Misconduct (1)
Product Liability (1)
Clear and Convincing (1)
ADA and Unruh Accessibility Actions (1)
Clerks Service of File Stamped Judgment (1)
Designating the Record (1)
Trade Restraints (1)
Civil Code 3334 (1)
Benefits Obtained Trespass Damages (1)
Trespass (1)
Property Rights (1)
Inherent Authority (1)
Support Awards (1)
Forfeiture (1)
PostJudgment Litigation (1)
Unsupported Arguments (1)
Petitions for Rehearing (1)
Judicial Notice (1)
Post Reversal (1)
Moot Appeals (1)
Appellate Briefing (1)
Pleadings (1)
Attorney Fees - CCP 1021.5 (1)
Judicial Estoppel (1)
Harmless Error (1)
Prejudicial Error (1)
Record Designation (1)
Typeface (1)
Typography (1)
Jury Instructions (1)
Precedent (1)
New Arguments (1)
Third Parties and Nonparties (1)
Ninth CircuitAbuse of Discretion (1)
Out-of-State Litigant (1)
Family Court (1)
Split Decisions (1)
Inconsistent Verdicts (1)
Punitive Damages (1)
Dicta (1)
Petitionf ro Review (1)
Finality and Final Orders (1)
DismissalsAppealability and Appealable Orders (1)
Motions to Quash (1)
Motions for Judgment on the Pleadings (1)
Federal Appeals (1)
Consenting to Judgments (1)
Alter Ego (1)
Law of the Case (1)
Record (1)
Bankruptcy (1)
Local Rules (1)
Evidentiary Presumptions (1)
New Trial (1)
Exhaustion of Remedies (1)
Waived and Forfeiture (1)
Per Se Errors (1)
Review as Writ Petition (1)
Incorrect Decisions (1)
Attorney Misconduct (1)
Restraining Orders (1)
Summary Reversal (1)
Judicial Misconduct (1)
Stipulated Reversals (1)
Trial Irregularities and Structural Errors (1)
Constitutional Litigation (1)
Medical Rights (1)
Retainer Agreements (0)
Professional Ethics (0)
Appellate (0)
Notice of Appeal (0)
Landlore Tenant (0)
Split of Authority (0)
No categories Legal Writing (0)
crossmenuchevron-down