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Permanent69

Can I appeal a Motion to Dismiss with prejudice?

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I was suing a company in California for 'Misappropriation of Trade Secrets".  My complaint was filed and was dismissed after 2 Amended Complaint with prejudice.  From what I received from the court in California the facts that I included in my Amended Complaint hurt my complaint more than helped it. I am wondering if I can appeal a decision made by the Judge to dismiss my complaint with prejudice. 

Thank you for your replies in advance.

 

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Sure, you can appeal. Anybody can appeal a judge's decision within the deadline for appeal.

 

Was that really the question you wanted to ask?

 

I think your real question is whether you can win on appeal.

 

Read the following CA information about appeals and see what you are up against:

 

http://www.courts.ca.gov/12429.htm

 

 

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Yes, if the appeal is filed within the proper time.  But, if your complaint is, in fact defective, appealing the court's ruling is not getting the case reinstated.The appeal court can only look at the record in the trial court and you can't correct defects during the appeal.  The appeal court can only overturn the trial court if it is obvious the court's ruling was wrong.

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13 hours ago, Permanent69 said:

My complaint was filed and was dismissed after 2 Amended Complaint with prejudice.

 

I assume it was dismissed after the court sustained the defendant's (or defendants') demurrers -- ultimately without leave to amend.  Correct?

 

 

13 hours ago, Permanent69 said:

I am wondering if I can appeal a decision made by the Judge to dismiss my complaint with prejudice.

 

Of course you can.  If the court sustained a demurrer without leave to amend, you can appeal the resulting judgment and may challenge both the sustaining of the demurrer and the declination of leave to amend.  Assuming your case was filed in a California superior court, the deadline to appeal is 60 days after service of notice of entry of judgment or, if no notice of entry is served, 180 days after entry of judgment (unless your case was in the limited civil division, in which case the deadlines are half those numbers).  However, with respect to leave to amend, you'll have to demonstrate that you could have amended the complaint in a way that would have allowed your cause of action to survive further challenge.

 

An appeal is not a good DIY project, so I strongly suggest you consult with a local attorney before embarking on something like this.

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