- 1). Make sure your case is ready for appeal. You must have received a final judgment from a California trial court; otherwise, the court system does not recognize your case as eligible for appeal. You will not be able to introduce new evidence on the appeal. Instead, you will try to convince the appeals court that the trial court made a legal error that you objected to at the time.
- 2). File a Notice of Appeal with the superior court that approved your foreclosure. This document requires background information of the case, as well as an indication of how the case ended. It also requires you to state that you have served all other parties a copy before you file your Notice of Appeal with the court clerk. The court clerk must receive the notice within 60 days of your loss at the trial court level. Failure to meet this deadline can result in your appeal being dismissed.
- 3). Pay the filing fees or file for a waiver. Filing an appeal carries a $655 fee, and checks must be payable to "Clerk, Court of Appeal." You must also make a $100 deposit for future costs payable to "Clerk of the Superior Court." Alternatively, you may fill out paperwork provided by the court clerk and apply for a waiver of all court fees.
- 4). Designate the trial court record. Look through the record from the trial court and pick out where you believe the trial court judge made a legal error. Notify the superior court that you want a copy of those pages by filing the four-page form entitled Appellant's Notice Designating Record on Appeal. This form will require you to indicate what portion of the transcript you wish to send to the appellate court. All documents filed with the clerk at the trial court level will be sent, as well. The Notice Designating Record on Appeal must be filed to the superior court clerk within 10 days of filing your appeal. You will be billed according to the length of the record, and your case's files and record will be sent to the appellate court. Now your appeal is filed and you can prepare to win your appeal.
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