Tuesday, September 5, 2017

DJ columns

Today's DJ has PJ Gilbert's monthly Under Submission column titled Tyypos, with many amusing examples, including: "in McDonald v. John P. Scripps Newspaper, 210 Cal. App. 3d 100 (1989), the appellate court upheld the trial court’s judgment with… “AFIRMED.”"

And, on the topic of errors, Moskovitz On Appeals offers Filing The Notice of Appeal: If you screw this one up, there is no appeal. First, he stresses the importance--jurisdictional importance--of filing on time. Indeed, early. Next, fill out the form properly, sign the notice and file it with the superior court. Appeal from what's appealable, paying close attention to post-judgment orders, like attorneys' fees awards. Finally, don't think you can voluntarily dismiss causes of action without prejudice to create an appealable judgment and hope to toll the statute of limitations on those claims by stipulation. Kurwa v. Kislinger (2013) 57 Cal.4th 1097 precludes that move.