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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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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: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 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 5 years ago.
Anti Slapp was granted in Superior court. The complaint was legal malpractice.
Expert:  Patrick, Esq. replied 5 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:

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 5 years ago.
OK. Besides a fee, do I need anything else? Certain papers?
Expert:  Patrick, Esq. replied 5 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:

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 5 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 5 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.
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