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A Demurrer Sustained W/O Leave to Amend to my civil Complaint in California Superior Court against me when I was incarcerated.

Business 2 views 2 answers
A Demurrer Sustained W/O Leave to Amend to my civil Complaint in California Superior Court against me when I was incarcerated, then a Judgement was entered. Since I was incarcerated I did not file an Appeal within the allowed time. Do I file the appeal with a Motion for late filing based under section CCP 340.6(a)(4), because I was suffering from a 'legal disability' which restricted my ability to file the Appeal action.

Attorney Answers

2
Anthony Roach ·
No, that statute governs the time limits to commence an action by filing a complaint. It does not apply to appeals. Once your time to appeal has run, there is no provision for filing a late appeal, and the matter is over.
0 upvotes
Nicholas Spirtos ·
You need to take everything to an attorney for consultation and review. You may be out of luck with regard to an appeal, but may be able to vacate the judgment. If the statute of limitations has not run on your claims, you may be able to refile. To know for sure would require a consultation.
0 upvotes

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