Appellate Practice
Aug. 1, 2023
Gombos gambit saves defective appeals
Not appealing from the correct document means that the Court of Appeal can (and probably will) dismiss the defective appeal. But lawyers also need to be aware that despite the seeming impenetrability of the rule, there are escape valves that courts use to reach the merits of “defective” appeals.
Benjamin G. Shatz
Partner
Manatt, Phelps & Phillips LLP
Appellate Law (Certified), Litigation
Email: bshatz@manatt.com
Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.
Like the Golden State itself, California appellate procedure can be a little laid back. Many mistakes can be forgiven and many due dates extended or subject to grace-period notices allowing a second chance to get an appeal back on track. The underlying philosophy here is that because cases should be decided on their merits, appeals should not be killed for technical or procedural flaws. (Another unspoken guiding principle may be that there's no harm in extending ample...
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