Monday, April 20, 2020

NOAs must be filed

Here's a short reminder that superior court clerks are supposed to "file" notices of appeal and not evaluate them:
 “‘If a document is presented to the clerk’s office for filing in a form that complies with the rules of court, the clerk’s office has a ministerial duty to file it.’ (Voit v. Superior Court (2011) 201 Cal.App.4th 1285, 1287; see also Lezama-Carino v. Miller (2007) 149 Cal.App.4th 55, 59; Carlson v. Department of Fish & Game (1998) 68 Cal.App.4th 1268, 1276.) When a notice of appeal is filed, the superior court clerk is required under the rules of court to promptly send a notification of the filing to the reviewing court clerk (Cal. Rules of Court, rule 8.304(c)) and begin preparation of the record (Cal. Rules of Court, rule 8.336). Although the superior court’s order acknowledged that the rules of court ‘do[] not expressly provide a mechanism for screening nonappealable orders,’ the superior court appears to have screened out petitioner’s notice of appeal based on its determination that the appeal was taken from a nonappealable order. However, it is for the appellate court, not the trial court, to determine whether a notice of appeal is valid. (See Leonard v. Superior Court (2015) 237 Cal.App.4th 34, 44-45.)”