Can I use app002 form to appeal a judgment in unlimited Cal. civil that judge filed entry judgment after sustain a demurrer to?

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There was no trial. The judge sustained the demurrer and left no amend and the defense proposed a judgment which the judge signed. So I would not use app002 form? It has a part that says, "judgment of dismissal after an order sustaining a demurrer." Or would I first need to file a motion to set aside the default? If so why does app002 have the part I am referring to?

2 Attorney Answers

Best Answer
I am confused as to why you think there is a default? Sustaining a demurrer is not a default so there is nothing to set aside. You need to discuss this with an attorney. If you appeal the filing fee is $775 plus a deposit... The demurrer means you have failed to state a cause of action. To appeal you have to show you can amend the case with a viable cause of action.... Can you do this? You need to really examine your case and what you are trying to do before you waste a lot more time and money. If it is determined a frivolous appeal it could be more costly... Based on a demurrer and a final judgment from the demurrer dismissing the case, it is the right form but before you file it you need to discuss your case with an attorney. This will sound blunt but it sounds like you are pro per. If you could not write a legally defensible complaint, how are you going to research and write appellant briefs?
Best Answer
It sounds like there are a lot of issues involved here. Without seeing all the documents, including the judgment and whatever documents you have that removed the party from the case, it would be impossible to say what you should do. Look for a local attorney that handles your kind of case for a consultation.

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