E-filing outage cause a late filing? & other cases

The California Appellate Law Podcast

A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help.

We also cover:

• Are anti-SLAPP orders “judgments”?
• Court of Appeal to litigants: Your adverbs are unwelcome here. Ok to say “The order is erroneous.” But not “The order is transparently erroneous.”
• Appeal might be actually late, but constructively on time.
• Two anti-tax initiatives struck down: one too broad, the other too narrow.
• On HOA Christmas party ban, a split 9th Cir. panel with three opinions.
• If you are “seriously annoying” you can get hit with a restraining order, but not for being regular annoying.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

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The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Lawyer Toolkit: Untimely Appeals May Be Excused If There Was a Mishap with E-Filing, discussing Garg v. Garg (2022) 82 Cal.App.5th 1036, 1041–1042
• Are Anti-SLAPP orders “judgments”? Wastexperts, Inc. v. Arakelian Enters. (D2d4 Jul. 11, 2024 No. B325299) [pub. opn.] (Tim’s writeup)
• Late appeal deemed constructively filed on time, In re Santos (D5 Jun. 6, 2024 No. F087859) [nonpub. opn.] (Tim’s writeup)
• Keeton v. Tesla, Inc.: arb-killer late-fee penalty NOT preempted by FAA
• Legislature v. Weber: Tax initiative held invalid because too broad
• Loeber v. Lakeside Joint School District* Tax initiative held invalid because too narrow

Read the full article here: https://bit.ly/4dsSvL4