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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 3625
Experience:  Licensed to practice before state and federal court
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Can I appeal a judges decision (civil case) to deny a motion

Customer Question

Can I appeal a judges decision (civil case) to deny a motion to set aside a default/judgement. Paralegal wrote up the motion and he said it was "weak." Also, I attended the hearing only to be told that I was supposed to call the day before and confirm I would be attending; I actually called the courts, however, I was confirming the hearing was still taking place. Joyce La Bianco,(###) ###-####JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: state of california
JA: Has anything been filed or reported?
Customer: Don't understand.. There was a summons. I didn't know to respond in writing to the summons so the case went to default/judgment. I hired a paralegal who requested that this case be placed back on the courts calendar and she cited "civil ingorance" as a reason that I didn't respond. This "hearing," where I thought I could present my case was two days ago. Nothing has been filed yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. This is a dog bite case. My 10 lb dog allegedly bit a deliver man; supplier had explicit instructions to leave packages outside the gate. That particular day when he delivered, well, the packaging instructions were void of the instructions. I know this isn't a "money maker" case for an attorney but I do need to hire one. Joyce
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Eagle replied 2 months ago.

Hello! My name is ***** ***** I am a California licensed attorney admitted to practice in state and federal court. 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. I am happy to speak with you, but by no means are you required to accept it.

Expert:  Legal Eagle replied 2 months ago.

Yes, under california, law, you have 10 days to appeal the decision from the date the clerk mailed the notice of the court’s decision. You will want to use the form called Notice of Filing Notice of Appeal (SC-140) to appeal the denial of your Motion.

Expert:  Legal Eagle replied 2 months ago.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
My case is not a small claims (that I know of): On the SC-140 Notice of Filing appeal, it asks for a small claim case #
Expert:  Legal Eagle replied 2 months ago.
Ok then you will want to appeal the order. My apologies. You would follow a similar process. Check out the link below and tell me what you think.http://www.courts.ca.gov/12428.htm