I feel my settlement was unfair. I'd like to appeal my case.

I feel my settlement was unfair. I'd like to appeal my case. How do I begin -- and how do I know if I've got a chance at the appeal?

By Brian G. Saylin
July 03, 2006
Generally, except in rare instances, one cannot appeal from a stipulation or agreement.  If you have some question about the settlement, you should consider trying to vacate the judgment on which it was based.  This is available only on specific grounds and only for limited time periods.  The grounds for setting aside a judgment under Code of Civil Procedure, Section 473, where you can show mistake, inadvertence, surprise, or excusable neglect, must be filed within a reasonable time, but not after six months.  Child support orders may be challenged under Family Code, Section 3690, which sets for the time periods depending on the ground.  Other orders and judgments may be vacated for the various grounds provided and within the various time provisions for each ground in Family Code, Section 2120, et.seq. You should check with your attorney.
CA FAQ/Legal Issues

Since 1968, Brian G. Saylin has limited his Orange County practice to the areas of family law and California Appellate Practice. Certified by the State of California as a Specialist in Family Law, Saylin was also elected as a Fellow in the AAML. He has lectured fellow lawyers in the areas of Divorce and Appellate Practice and taught aspiring lawyers at Western State College of Law.

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July 03, 2006
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