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Civil, Family, and Administrative Appeals and Writs

Motion to Vacate Judgment

The timeline for filing an appeal following the denial of a motion to vacate judgment is complicated and depends on the specific facts of each case. This brief article illustrates some of the perils and pitfalls of filing a timely notice of appeal and is not legal advice or a substitute for consultation with a certified appellate specialist in order to ensure that you file the notice of appeal on time and meet all of the relevant deadlines.

A motion for to vacate the judgment must be filed:

(1)  After the decision is rendered and before the entry of judgment or

(2)  Within 15 days of the mailing of notice of entry of judgment by the clerk under CCP § 664.5 [applied is small claims action or where party is in pro per, or

(3)  Within 15 days of the service by any party of the written notice of entry of judgment; or

(4)  180 days after entry of judgment where there is no service of the notice of entry of judgment. (CCP § 663a, subd. (a).)

Time for deciding motion to vacate the judgment:

A motion to vacate the judgment must be decided by the court within 60 days from the earliest of the following, or it is deemed denied by operation of law:

(1)  The mailing of notice of entry of judgment by the clerk under CCP § 664.5 [applied is small claims action or where party is in pro per, or

(2)  The service by any party of the written notice of entry of judgment; or

(3) Where there is no service of the written notice of entry of judgment, the filing of the first notice of intention to move to set aside and vacate the judgment. (CCP § 663a, subd. (b).)

Time to appeal from the denial of the motion to vacate judgment:

If, within the time prescribed by rule 8.104 to appeal from the judgment, any party serves and files a valid notice of intention to move--or a valid motion--to vacate the judgment, the time to appeal from the judgment is extended for all parties until the earliest of:

(1) 30 days after the superior court clerk or a party serves, an order denying the motion or a notice of entry of that order; or

(2) 90 days after the first notice of intention to move--or motion--is filed; or

(3) 180 days after entry of judgment. (Calif. Rules of Court, Rule 8.108.)

The timelines are complicated and this brief article illustrates some of the factors that are taken into consideration when determining whether an appeal is timely filed. Every situation is unique and should be evaluated by a certified appellate specialist in order to ensure that you do not miss these crucial deadlines.

Disclaimer:

By providing this information, we do not establish a lawyer-client relationship as this may not be proper in the internet environment. We have attempted to employ our best efforts to present and maintain the information provided herein but do not warrant that the information is complete or accurate. We do not assume, and hereby disclaim, any liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause. The information contained herein is not to be used as a basis for advice to clients or applied to any particular matters. Counsel should be consulted directly as to the current law applicable to particular situations. We therefore issue a general disclaimer but encourage you to seek direct legal advice.