Sarah Hofstadter of California Appellate Law Group.
Most appellate lawyers know the maxim that notices of appeal are to be liberally construed. Indeed, it is codified in rule 8.100(a)(2) of the California Rules of Court. But how far does that liberal construction stretch?
In a recent opinion, K.J. v. Los Angeles Unified School District, the California Supreme Court offered some clarification on this point. Reversing a Court of Appeal’s dismissal of an appeal, the Supreme Court held that under some circumstances, an appeal can proceed on the merits despite the failure of the notice of appeal to identify the correct appellant.
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