Thursday, April 21, 2022

Bait and Switch on Time to Appeal

Meinhardt v. City of Sunnyvale, No. D079451 (D4d1 Mar. 9, 2022)

This is a bad decision on what constitutes a judgment in an administrative mandate case. The court says isnt not the actual judgment submitted by the parties and entered by the court. Instead, it is the court’s prior order denying the petition. So since the plaintiff relied on the court’s entry of an actual judgment in computing the time to appeal, his appeal was too late.

Appeal dismissed. 

I was so bothered by this one I agreed to represent the plaintiff pro bono in a petition for review. Wish us luck! 

Update: ***REVIEW GRANTED!!***

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