Legal Question in Appeals and Writs in California
I recently filed and successfully won an Ex Parte order of repossession of stolen property (pet dog).
The defendant filed an appeal, and by California law are required to give at least 2 days advance notice of a court date for Ex Parte related appearances.
Their appeal was scheduled for the very next morning after I reclaimed my dog (he was emaciated and very ill from neglect by the defendant).
The defendant notified me of the appeal court appointment less than an hour before it began. I didn’t know of it until it was over and my court ruling was overturned.
How do I go about bringing to the court’s attention that I was not given proper notice of the appeal date/time? This is urgent; I’m fearful my pup may not survive if he is taken by that negligent person again.
Thank you so much in advance.
1 Answer from Attorneys
It's not clear from your question what happened. Appeals aren't heard ex parte, and typically involve a series of filings before the oral argument. Was this a small claims case? Small claims appeals work differently from other types, but they require much more than two days' advance notice, and certainly more than an hour.
Feel free to contact me directly so we can discuss your case in more detail. I can't offer any useful guidance based on the limited info in your question.
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