California Court Held an Order is not 'Filed' if it is Not Accessible to the Public

This case involved an order modifying child support which was stamped April 1, 2010. However the order was misplaced so that it was neither placed in the court file nor was input into the computerized system till August 20, 2010 and September 10, 2010, respectively. When the wife appealed the court Order on October 1, 2010, the husband objected saying appeal was brought beyond 180 day period of Rule 8.104(a)(3). Held: since the Order was misplaced and it was not accessible, the appeal is timely.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.