Form APP-004 "Civil Case Information Statement (Appellate)" - California

What Is Form APP-004?

This is a legal form that was released by the California Court of Appeal - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2017;
  • The latest edition provided by the California Court of Appeal;
  • Easy to use and ready to print;
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  • Fill out the form in our online filing application.

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Download Form APP-004 "Civil Case Information Statement (Appellate)" - California

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APP-004
TO BE FILED IN THE COURT OF APPEAL
COURT OF APPEAL CASE NUMBER (if known):
COURT OF APPEAL,
APPELLATE DISTRICT, DIVISION
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
APPELLANT:
RESPONDENT:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
JUDGES (all who
participated in case):
SUPERIOR COURT CASE NUMBER:
CIVIL CASE INFORMATION STATEMENT
NOTE TO APPELLANT: You must file this form with the clerk of the Court of Appeal within 15 days after the clerk mails you
the notification of the filing of the notice of appeal required under rule 8.100(e)(1). You must attach to this form a copy of the
judgment or order being appealed that shows the date it was entered (see Cal. Rules of Court, rule 8.104 for definition of
"entered"). A copy of this form must also be served on the other party or parties to this appeal. (CAUTION: An appeal in a
limited civil case (Code Civ. Proc., § 85) may be taken ONLY to the appellate division of the superior court (Code Civ. Proc., §
904.2) or to the superior court (Code Civ. Proc., § 116.710 [small claims cases]).
PART I – APPEAL INFORMATION
A.
APPEALABILITY
1.
Appeal is from:
Judgment after jury trial
Judgment after court trial
Default judgment
Judgment after an order granting a summary judgment motion
Judgment of dismissal under Code Civ. Proc., § 581d, 583.250, 583.360, or 583.430
Judgment of dismissal after an order sustaining a demurrer
An order after judgment under Code Civ. Proc., § 904.1(a)(2)
An order or judgment under Code Civ. Proc., § 904.1(a)(3)–(13)
(describe and specify code section that authorizes this appeal):
Other
2.
Does the judgment appealed from dispose of all causes of action, including all cross-actions between the parties?
Yes
No
(If no, please explain why the judgment is appealable):
B.
TIMELINESS OF APPEAL (Provide all applicable dates.)
1.
Date of entry of judgment or order appealed from:
2.
Date that notice of entry of judgment or a copy of the judgment was served by the clerk or by a party under California Rules of
Court, rule 8.104:
3.
Was a motion for new trial, for judgment notwithstanding the verdict, for reconsideration, or to vacate the judgment made and
denied?
(If yes, please specify the type of motion):
Yes
No
Date notice of intention to move for new trial (if any) filed:
Date motion filed:
Date motion denied:
Date denial served:
4.
Date notice of
appeal or
cross-appeal filed:
BANKRUPTCY OR OTHER STAY
C.
Is there a related bankruptcy case or a court-ordered stay that affects this appeal?
Yes
No
(If yes, please attach a copy of the bankruptcy petition [without attachments] and
any stay order.)
Page 1 of 4
www.courts.ca.gov
Form Adopted for Mandatory Use
CIVIL CASE INFORMATION STATEMENT
Judicial Council of California
(Appellate)
APP-004 [Rev. January 1, 2017]
APP-004
TO BE FILED IN THE COURT OF APPEAL
COURT OF APPEAL CASE NUMBER (if known):
COURT OF APPEAL,
APPELLATE DISTRICT, DIVISION
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
APPELLANT:
RESPONDENT:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
JUDGES (all who
participated in case):
SUPERIOR COURT CASE NUMBER:
CIVIL CASE INFORMATION STATEMENT
NOTE TO APPELLANT: You must file this form with the clerk of the Court of Appeal within 15 days after the clerk mails you
the notification of the filing of the notice of appeal required under rule 8.100(e)(1). You must attach to this form a copy of the
judgment or order being appealed that shows the date it was entered (see Cal. Rules of Court, rule 8.104 for definition of
"entered"). A copy of this form must also be served on the other party or parties to this appeal. (CAUTION: An appeal in a
limited civil case (Code Civ. Proc., § 85) may be taken ONLY to the appellate division of the superior court (Code Civ. Proc., §
904.2) or to the superior court (Code Civ. Proc., § 116.710 [small claims cases]).
PART I – APPEAL INFORMATION
A.
APPEALABILITY
1.
Appeal is from:
Judgment after jury trial
Judgment after court trial
Default judgment
Judgment after an order granting a summary judgment motion
Judgment of dismissal under Code Civ. Proc., § 581d, 583.250, 583.360, or 583.430
Judgment of dismissal after an order sustaining a demurrer
An order after judgment under Code Civ. Proc., § 904.1(a)(2)
An order or judgment under Code Civ. Proc., § 904.1(a)(3)–(13)
(describe and specify code section that authorizes this appeal):
Other
2.
Does the judgment appealed from dispose of all causes of action, including all cross-actions between the parties?
Yes
No
(If no, please explain why the judgment is appealable):
B.
TIMELINESS OF APPEAL (Provide all applicable dates.)
1.
Date of entry of judgment or order appealed from:
2.
Date that notice of entry of judgment or a copy of the judgment was served by the clerk or by a party under California Rules of
Court, rule 8.104:
3.
Was a motion for new trial, for judgment notwithstanding the verdict, for reconsideration, or to vacate the judgment made and
denied?
(If yes, please specify the type of motion):
Yes
No
Date notice of intention to move for new trial (if any) filed:
Date motion filed:
Date motion denied:
Date denial served:
4.
Date notice of
appeal or
cross-appeal filed:
BANKRUPTCY OR OTHER STAY
C.
Is there a related bankruptcy case or a court-ordered stay that affects this appeal?
Yes
No
(If yes, please attach a copy of the bankruptcy petition [without attachments] and
any stay order.)
Page 1 of 4
www.courts.ca.gov
Form Adopted for Mandatory Use
CIVIL CASE INFORMATION STATEMENT
Judicial Council of California
(Appellate)
APP-004 [Rev. January 1, 2017]
APP-004
APPELLATE CASE TITLE:
APPELLATE COURT CASE NUMBER:
D.
APPELLATE CASE HISTORY (Provide additional information, if necessary, on attachment I.D.) Is there now, or has there
previously been, any appeal, writ, or other proceeding related to this case pending in any California appellate court?
(If yes, insert name of appellate court):
Yes
No
Appellate court case no.:
Title of case:
Name of trial court:
Trial court case no.:
E.
SERVICE REQUIREMENTS
Is service of documents in this matter, including a notice of appeal, petition, or brief, required on the Attorney General or other
nonparty public officer or agency under California Rules of Court, rule 8.29 or a statute?
Yes
No
(If yes, please indicate the rule or statute that applies)
Rule 8.29 (e.g., constitutional challenge; state or county party)
Code Civ. Proc., § 1355 (Escheat)
Bus. & Prof. Code, §16750.2 (Antitrust)
Gov. Code, § 946.6(d) (Actions against public entities)
Bus. & Prof. Code, § 17209 (Unfair Competition Act)
Gov. Code, § 4461 (Disabled access to public buildings)
Bus. & Prof. Code, § 17536.5 (False advertising)
Gov. Code, § 12656(a) (False Claims Act)
Civ. Code, § 51.1 (Unruh, Ralph, or Bane Civil Rights
Health & Saf. Code, § 19954.5 (Accessible seating and
Acts; antiboycott cause of action; sexual harassment in
accommodations)
business or professional relations; civil rights action by
Health & Saf. Code, § 19959.5 (Disabled access to
district attorney)
privately funded public accommodations)
Civ. Code, § 55.2 (Disabled access to public
Pub. Resources Code, § 21167.7 (CEQA)
conveyances, accommodations, and housing)
Other (specify statute):
NOTE: The rule and statutory provisions listed above require service of a copy of a party's notice of appeal, petition, or brief
on the Attorney General or other public officer or agency. Other statutes requiring service on the Attorney General or other
public officers or agencies may also apply.
PART lI – NATURE OF ACTION
A.
Nature of action (check all that apply):
1.
Conservatorship
2.
Contract
3.
Eminent domain
4.
Equitable action
a.
Declaratory relief
b.
Other (describe):
5.
Family law
6.
Guardianship
7.
Probate
8.
Real property rights
a.
Title of real property
b.
Other
(describe):
9.
Tort
a.
Medical malpractice
b.
Product liability
c.
Other personal injury
d.
Personal property
e.
Other tort (describe):
10.
Trust proceedings
11.
Writ proceedings in superior court
a.
Mandate (Code Civ. Proc., § 1085)
b.
Administrative mandate (Code Civ. Proc., § 1094.5)
Other (describe):
c.
Prohibition (Code Civ. Proc., § 1102)
d.
12.
Other action (describe):
B.
This appeal is entitled to calendar preference/priority on appeal (cite authority):
Page 2 of 4
APP-004 [Rev. January 1, 2017]
CIVIL CASE INFORMATION STATEMENT
(Appellate)
APP-004
APPELLATE CASE TITLE:
APPELLATE COURT CASE NUMBER:
PART III – PARTY AND ATTORNEY INFORMATION
In the spaces below or on a separate page or pages, list all the parties and all their attorneys of record who will participate in the
appeal. For each party, provide all of the information requested on the left side of the page. On the right side of the page, if a party is
self-represented please check the appropriate box and provide the party's mailing address, telephone number, fax number, and e-
mail address. If a party is represented by an attorney, on the right side of the page, check the appropriate box and provide all of the
requested information about that party's attorney.
Responses to Part III are attached instead of below
Represented by attorney
Self-represented
Name of Party:
Name of attorney:
State Bar no:
Appellate court designation:
Firm name:
Appellant
Respondent
Mailing address:
Trial court designation:
Plaintiff
Defendant
Telephone no.:
Fax no:
E-Mail address:
Other
(specify):
Represented by attorney
Self-represented
Name of Party:
Name of attorney:
State Bar no:
Appellate court designation:
Firm name:
Appellant
Respondent
Mailing address:
Trial court designation:
Plaintiff
Defendant
Telephone no.:
Fax no:
E-Mail address:
Other
(specify):
Represented by attorney
Self-represented
Name of Party:
Name of attorney:
State Bar no:
Appellate court designation:
Firm name:
Appellant
Respondent
Mailing address:
Trial court designation:
Plaintiff
Defendant
Telephone no.:
Fax no:
Other
(specify):
E-Mail address:
Represented by attorney
Self-represented
Name of Party:
Name of attorney:
State Bar no:
Appellate court designation:
Firm name:
Appellant
Respondent
Mailing address:
Trial court designation:
Plaintiff
Defendant
Telephone no.:
Fax no:
E-Mail address:
Other
(specify):
Additional pages attached
Date:
This statement is prepared and submitted by:
(SIGNATURE OF ATTORNEY OR SELF-REPRESENTED PARTY)
Page 3 of 4
APP-004 [Rev. January 1, 2017]
CIVIL CASE INFORMATION STATEMENT
(Appellate)
APP-004
APPELLATE CASE TITLE:
APPELLATE COURT CASE NUMBER:
NOTICE TO PARTIES: A copy of this form must be served on the other party or parties to this appeal. If served by mail or personal
delivery, A PARTY TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF. Electronic
service is authorized only if ordered by the court or if the party served has agreed to accept electronic service. A person who is at
least 18 years old must complete the information below and serve all pages of this document. When all pages of this document
have been completed and a copy served, the original may then be filed with the court.
PROOF OF SERVICE
Mail
Personal Service
Electronic Service
1.
At the time of service I was at least 18 years of age.
2.
My residence or business address is (specify):
3.
I mailed, personally delivered, or electronically served a copy of the Civil Case Information Statement (Appellate) as follows
(complete a, b, or c):
a.
Mail. I am a resident of or employed in the county where the mailing occurred and am not a party to this legal action.
(1)
I enclosed a copy in an envelope and
(a)
deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown in items below, following our
ordinary business practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.
(2)
The envelope was addressed and mailed as follows:
(a)
Name of person served:
(b)
Address on envelope:
(c)
Date of mailing:
(d)
Place of mailing (city and state):
b.
Personal delivery. I am not a party to this legal action. I personally delivered a copy as follows:
(1)
Name of person served:
(2)
Address where delivered:
(3)
Date delivered:
(4)
Time delivered:
c.
Electronic service.
My electronic service address is (specify):
I electronically served a copy as follows:
(1)
Name of person served:
(2)
Electronic service address of person served:
(3)
On (date):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
APP-004 [Rev. January 1, 2017]
Page 4 of 4
CIVIL CASE INFORMATION STATEMENT
(Appellate)
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