How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7655
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

What is needed to begin an appeal process after a lost mot

Resolved Question:

What is needed to begin an appeal process after a lost motion?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. Can you provide some more details about the type of case that you are litigating? Is it in Superior Court? Is it being heard by an administrative agency such as the DFEH or DLSE? What type of motion was it? Thank you.
Customer: replied 2 years ago.
Anti Slapp was granted in Superior court. The complaint was legal malpractice.
Expert:  Patrick, Esq. replied 2 years ago.
Thank you for this additional information.

You would need to appeal the ruling to the California Appeals Court with jurisdictional authority. You will need to pay a fee to file an appeal. Typically, an appeal will only be granted if the Appeals Court judge finds that the lower court judge improperly applied the law. Reassessments of facts typically only occur where the trial court judge made unreasonable conclusions or assumptions. Of course, these are generalities and there are some exceptions.

For information on how to actually file an appeal, visit this link: http://www.saclaw.lib.ca.us/pages/civil-appeals.aspx

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 2 years ago.
OK. Besides a fee, do I need anything else? Certain papers?
Expert:  Patrick, Esq. replied 2 years ago.
Yes, there are numerous highly technical requirements with which you must comply. You must file a notice of appeal, you must prepare the record, which will include a transcript of the proceedings that are the subject of your appeal. The original link that I provided contains some very helpful information regarding the materials that you would need to file a successful appeal. Within that linked website was another link to a website that I think would be particularly helpful to you. The website is: http://www.courts.ca.gov/8676.htm

This site lays out in the layman's terms what the requirements for filing an appeal are and how to get started on your own.

I hope that this adequately clarifies my original response. Thank you so much for your patience and please remember that none of the above constitutes legal advice nor is any attorney-client relationship created between us.
Customer: replied 2 years ago.
To keep this simple, I wanted to know how to get started. So far, I need a notice of appeal and fees. Any other papers just to start? ex: minute order or notice of entry of order. Or will a notice of appeal and fees be sufficient - just to start to the process. Thank you
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you again for your follow-up. I am resistant to making any sort of definitive statement that "this is what you need to get started." Filing an appeal is an extremely technical and extremely complex process. Attempting any sort of short form summary would be the equivalent, in my opinion, of handing someone a scapel and knife and telling them that is what they need to get started on a brain surgery.

The links that I have provided are sufficient to point you in the correct direction. The first link also contains the names of various research materials that provide in-depth instructions on how to file this sort of appeal, though you would need to go to a public law library in order to obtain those materials.

I am very sorry that I cannot provide a more specific answer to your question, but I feel that any short form summary could potentially do more harm to you then good.
Patrick, Esq., Lawyer
Satisfied Customers: 7655
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2324 Satisfied Customers
Significant experience in all areas of employment law.