Failure to Oppose Demurrer: Mandatory Relief from Dismissal Available

  The First Appellate District reverses the trial court and holds that the court was obligated to grant relief under the mandatory provision of Code of Civil Procedure section 473(b), where plaintiff presented a sworn declaration from his counsel attesting that counsel mistakenly failed to respond to the demurrer by timely filing an amended complaint.  Continue reading

Request for Dismissal May Constitute Appealable Final Judgment: Say What?

  Final judgments are appealable. Some orders are appealable. The time to appeal is jurisdictional. If you appeal from an order or judgment too late, your appeal must be dismissed. California Rules of Court, Rule 8.104 sets forth the time to appeal in an unlimited civil case. The general rules for time to appeal are as follows: One must file the appeal on or before the earliest of the following: Continue reading