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Judgment has been made against Husband in Superior Court of San Francisco. Should we file a Motion for Reconsideration and to modify judgment (pursuant to CCP 662 & 663) BEFORE filing for an Appeal? If we go straight to Appeal, would this be procedurally incorrect if we have not, first, applied to have matter reconsidered in the Superior Court? Can we apply for both at the same time? Due to 10-day time limit after judgment, we have filed a Motion to Modify Judgment, with Points of Authority and exhibits showing evidence hidden from and ignored by judge. Should we withdraw this motion? Wife’s attorney will oppose as we have also filed Appeal. Should we withdraw Appeal and wait for the matter to be reconsidered? (Research shows these motions rarely accepted.) Can we re-submit the Appeal if it better to withdraw it and wait for the Judge to rule of the Motion for Reconsideration? Husband is pro per litigant. Have proof Wife & attorney committed fraud. What should we do about this?

Submitted: 147 days and 1 hours ago.

Category: Family Law

Value: $15

Status: AWAITING CUSTOMER ACTION

State/Country: California

Already Tried:
Have asked at Self Help Centre at Superior Court (didn't know) and at Appeal Cout ('ask superior court'). Have been to SF law library, looked at Rutter guide. Have researched cases on Find Law. No clear information about whether you need to submit a motion to modify judgment or go straight to Appeal.

Accepted Answer

Thanks for your question. You can do the motion for reconsideration here. If you look at the rules your time period for appeal is extended here until you receive an orer denying your motion. Of course if it granted then no need for appeal Here are the California rules of civil procedure on the subject. Good luck here..

http://www.courtinfo.ca.gov/rules/index.cfm?title=eight&linkid=rule8_108

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Accepts:
Expert:	RayAnswers
Pos. Feedback:	98.5 %
Answered:	6/28/2009

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25 years as a licensed attorney handling family law matters including divorce, child support, etc

147 days ago.

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I misunderstood website and paid for another question - you didn't quite answer mine.Though thank you for the Rules of Court link. We have already paid to start the Appeal process. Can we stop this, to enable to Motion for Reconsideration to be accepted or denied? If denied, can we re-start the Appeal process. Or is this a screw-up and should we go straight to Appeal? Your help is much appreciated. This is a nightmare case involving serious fraud by both Wife and her attorney.

147 days ago.

Reply

I misunderstood website and paid for another question - you didn't quite answer mine.Though thank you for the Rules of Court link. We have already paid to start the Appeal process. Can we stop this, to enable to Motion for Reconsideration to be accepted or denied? If denied, can we re-start the Appeal process. Or is this a screw-up and should we go straight to Appeal? Your help is much appreciated. This is a nightmare case involving serious fraud by both Wife and her attorney.

Posted by RayAnswers 146 days and 23 hours ago.

Answer

No I wouldn't stop it. You can count the motions that are granted in a year on one hand. so likely you are going to end up in appeal. The trial court virtually never admits it's mistakes here.

You have a better chance on appeal here. It just gives you more time here. so you don't loose anything at all/ If by some long shot it is granted then you could withdraw your appeal. OTherwise keep both going here--the appeal is really your best shot..

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