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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116144
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I file motion for extension of proceedings due to my illness

Customer Question

I file motion for extension of proceedings due to my illness 02032017 motion was denied as pending MSJ will be 02092017where I did not file opposition. Judge deny. Same day later I file for dismissal case.
JA: Where is the property located?
Customer: Los Angeles. On 02092017 MSJ was granted and dismissal deny. Can I appeal that decision?
JA: Has any paperwork been filed?
Customer: IN what respect
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 2 months ago.

The answer to your question is yes. First, you'll need to file a Notice of Appeal with the courts. A notice of appeal is the paper you file in the superior court where your case was decided to let the court and the other side know that you are appealing the court's decision. Filing a notice of appeal begins the entire appeals process. In CA, the Notice of Appeal usually must take place within 90-180 days (depending on how much money was at stake) after the judgment. Then, serve the other side (the respondent) with a copy of your Notice of Appeal either in person or by mail. ("Serving" a document on a person means having the document delivered to that person in the proper legal way. After that, turn in the original of your Notice of Appeal and Proof of Service, plus a copy of each to the court clerk. The clerk will keep the original and return the copy to you, stamped "Filed."

After that, no later than 10 days after you file your Notice of Appeal, you must let the superior court know what documents and oral proceedings you want them to include in the record that will be sent to the appellate court. This is called "designating the record."

Expert:  Legal Eagle replied 2 months ago.

For an appeal of a limited civil case (a civil case involving an amount that is $25,000 or less), read the Information on Appeal Procedures for Limited Civil Cases (Form APP-101-INFO).

For an appeal of an unlimited civil case (such as a civil case involving an amount over $25,000 or a family law case), read the Information on Appeal Procedures for Unlimited Civil Cases (Form APP-001).

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 2 months ago.
There was NO judgment Just MSJ was granted
Expert:  Legal Eagle replied 2 months ago.

Just so I'm clear, the judge granted the other side's Motion for Summary Judgment, correct?

Customer: replied 2 months ago.
No
Expert:  Legal Eagle replied 2 months ago.

I'm sorry for the confusion. Can you help me understand what the "MSJ" is that was granted?

Customer: replied 2 months ago.
Motion for Summary Judgment
Expert:  Legal Eagle replied 2 months ago.
Ok thank you for clarifying. If the Motion for Summary Judgment was granted, that means the case is over. The court has decided that there is no triable issues to be discussed and let the other side win. However, you CAN STILL APPEAL THIS DECISON, if you follow the steps I outlined above. What you'll have to do is persuade the court that there are issues of fact to discuss and hopefully they will grant you a new opportunity.
Expert:  Legal Eagle replied 2 months ago.
Does that make sense?
Customer: replied 2 months ago.
BUT no judgment is there?
Expert:  Legal Eagle replied 2 months ago.
there is a judgment. Based on what you provided, you lost this particular case.
Expert:  Legal Eagle replied 2 months ago.
The court essentially said that their facts were so good that there is no need for them to decide the case. However, you can appeal that judgment as described above.
Customer: replied 2 months ago.
Can I get more knowledgably attorney?
Expert:  Legal Eagle replied 2 months ago.
Sure thing. You're welcome to opt out of the question which will take your question back out to the question bank for another attorney to answer.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as you asked your previous contributor to opt out for a "more knowledgeable attorney."
I have reviewed his replies and his answer was correct. You said that the judge granted the MSJ. An MSJ is a judgment against you and it results in ending the case and is considered a "final judgment" for purposes of an appeal. So I do not understand how you would say the prior expert was not knowledgeable when he provided you the appeals process required.
If you have some additional questions about this he did not answer, please ask, but the MSJ was a judgment and if the judge granted the other party a MSJ then there is a final judgment in the case from which you now would have to appeal.
Customer: replied 2 months ago.
did you read our conversation with previous contributor?
Customer: replied 2 months ago.
Granting the motion is not Judgment.
Judgment have to be sign by Judge
Is it correct?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
I am sorry, but I believe you either misunderstand what a motion for summary judgment is or what "granting a motion" means or you are not properly explaining this. If a judge grants a motion for summary judgment it IS A JUDGMENT and the judge signing the order "granting the motion" is the judgment.
So perhaps you are not explaining it properly or you misunderstand what a motion for summary judgment is and what granting a motion means.
If you feel you may not be explaining it then please try to do so better. But if the judge "granted the motion for summary judgment" that is the judgment against you.
Customer: replied 2 months ago.
Order to sign by Judge never was filed, as defendant did not want to be appeal filed.
(I think)
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

If no order to sign was filed, you can file a motion to reconsider/motion to compel and ask the court to either dismiss the summary judgment based on failure to submit an order or to compel entry of the order so you can file an appeal. The appeal rule says that you have to appeal from the entry of the final order and the judge has entered an oral order, but the written order entry is the date your date to appeal from. So, your recourse is that you file a Motion to Reconsider/Motion to Compel and get the court to act. If the court confirms the summary judgment, then you have to file your appeal.

Customer: replied 2 months ago.
The time suggested was not correct . It is 30 and 60. M'I right ?
Customer: replied 2 months ago.
Is it 10 days to file motion to reconsider?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

Rule 8.104 of the California Rules of Court defines what it terms the “normal” deadline in state court as the earliest of: (1) 60 days after the superior court clerk mails the party filing the notice of appeal a document entitled “Notice of Entry” of judgment or a file-stamped copy of the judgment, showing the date either was mailed; (2) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled “Notice of Entry” of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or (3) 180 days after entry of judgment.

Time for reconsideration under CA Rules of Civil Procedure 1008 would be 10 days.

Customer: replied 2 months ago.
What about motion to reconsider?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Please re-read my answer above where I said Rule 1008 provides you have 10 days from the date the judge rules (not entry of order) to file for reconsideration.
Customer: replied 2 months ago.
IS it to late? OR no judgment no 10 days
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

If the court issued an oral ruling on the MSJ more than 10 days ago then a motion to reconsider is too late and you would only be able to file a Motion to Compel to force them to enter a written order so you can take it to appeal.

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