Wednesday, July 19, 2017

Expedited Appeals for Elder Abuse Cases

In January CCP 1294.4 took effect, titled Expedited Appeal Process for Claims Under the Elder and Dependent Adult Civil Protection Act (Welf & Inst. Code sec. 15600 et seq.), requiring appeals from orders dismissing or denying a petition to compel arbitration to be decided in a mere 100 days.
Subdivision (c) of the statute tasked the Judicial Council with adopting rules of court to provide for expedited appeals by July 1. Well, those special rules now exist in their own chapter in Title 8 as rules 8.710 to 8.717, which govern "appeals under Code of Civil Procedure section 1294.4 from a superior court order dismissing or denying a petition to compel arbitration." To ensure these appeals are expedited, the rules provide as follows:

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  • CRC 8.711 requires electronic service (with limited exceptions).
  • CRC 8.712 provides that the time to appeal is only 20 days after notice of entry of the order dismissing or denying the petition to compel arbitration; and cross-appeals are due 5 days after the notice of notice of appeal. (And copies of the order being appealed and the order granting preference under CCP sec. 36 must be attached to the notice of appeal.)
  • CRC 8.713 requires the use of appendices; and appellant must include the RT designation or nonelection with the notice of appeal. RTs are due in 10 days after the court notifies the court reporter.
  • CRC 8.715 requires the opening brief to be filed within 10 days after the notice of appeal is filed; RBs are due 25 days later; and reply briefs in 15 days. Stipulated extensions are allowed; extra time by stip is added to the 100 days within which the appeal is supposed to be decided.
  • CRC 8.716 provides for only 10 days' notice of oral argument.