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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118776
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ive asked you questions before. I filed for relief from default

Resolved Question:

I've asked you questions before. I filed for relief from default in filing a timely notice of appeal with the appellate division of the superior court. The clerk wouldn't file it. She said it was too late for an appeal. I thought that was it, but apparently somebody looked at it and took it to the appellate panel. They ordered it filed and then denied it. So now can I appeal for relief to the Court of Appeal? Do I write it up as a motion for relief?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
If you were too late for the appeal and the court denied you, then filing another appeal of the denial now would likely be denied as well. However, you are free to try to file again out of time to the Court of Appeal and justify in your appeal why your first appeal was out of time in addition to your other grounds for appeal. It is not a strong chance you will win this appeal given the first appeal was out of time (even though the clerk took it and it somehow got filed).

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Customer: replied 5 years ago.
I was shocked that it got ordered filed. I thought it was over, too. The Appellate Division of the Superior Court has no authority to grant relief so that is why it was denied. But the Court of Appeal and the California Supreme Court has granted relief in similar cases. So it is a motion that I file, right?
Expert:  Law Educator, Esq. replied 5 years ago.
No, it is an appeal (which is not really a motion, it is an appeal and appellate brief) to the Court of Appeals that appeals the denial of the Appellate Division.
Customer: replied 5 years ago.
How do I title that?
Expert:  Law Educator, Esq. replied 5 years ago.
You title your document Appeal From Superior Court Appeals Division and you would include a Memorandum in Support of Appeal.
Customer: replied 5 years ago.
There's no mention of how to file an "appeal" on the Court's rules section. They have Writs and briefs, and motions only. The Clerks at the Court of Appeal are really exacting about these things. Also, I have to make sure the document has the correct colored cover, etc., or they just want take it. It costs alot of money to pull that together. Are you sure it's titled, "Appeal from. . ." and not "Motion for relief. . ."
Expert:  Law Educator, Esq. replied 5 years ago.
It is titled, "Appeal from the XYZ Superior Court Appeals Division" and attached to it is "Appellant's Opening Brief"
Customer: replied 5 years ago.
Appellant's opening brief or Memorandum. Those are two different things.
Expert:  Law Educator, Esq. replied 5 years ago.
The title I just gave you above in quotations is the proper title.
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