California | Appeals and Writs
Legal Question
Breach Of Contract
There was Breach Of Contract civil case that was dismiss on defendant's demurrer on 10/26/2004; which plaintiff didn't know anything about appeal,until after the 60 days after the document entitled Notice Of Entry of Judgment or a file-stamped copy of the judgment,accompanied by proof of service;or (3) 180 days after entry of judgment, which this 180 days were on 2/26/05.
If appellant missed his appeal limit of 60 or 180 days; is there another way that the plaintiff can reopen his case based on this ground: On 10/26/04 when the judge dismiss the case on the defendant's demurrer; the defendant's attorney asked the judge ''What about the plaintiff's statute?'' (which was under Cal. Civ Proc. 337) The judge replied to the defendant's attorney was'' Don't worry about that!) otherwords, statute of limitation cal. civ proc 337 was totally abandon!
Farthermore, A demurrer is based on what a plaintiff said... Therefore, what do a demurrer have to do with a written contract? My complaint was wrongly injustice. I don't understand how did my complaint case of a breach of contract got switch over to the desmissal of the defendant's demurrer?
On these above grounds & issues will a attorney be able reopen this case?
Hope to hear from y
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