Legal Question in Appeals and Writs in California

Can you file an appeal on a writ of possession once it has been signed by the judge?


Asked on 7/01/10, 11:09 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You appeal from the judgment of unlawful detainer. You don't appeal from the writ of possession that the judge signs ordering the Sheriff to thow you out.

The writ of possession is usually issued after the unlawful detainer judgment becomes "final." A judgment becomes final when the time to appeal has run. Appeals in unlawful detainer cases are taken to the Appellate Division of the Superior Court. The time to appeal runs from the earlier of either 30 days after a party or the clerk mails a document titled "notice of entry" of judgment or 90 days from the entry of judgment, if notice is not given. (Cal. Rules of Court, rule 8.822 subd. (a).) The extension period for service by mail does not apply to a notice of appeal, and will not extend your time.

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Answered on 7/01/10, 6:06 pm


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