Dominique Vivian has filed a lawsuit against the California Office of Administrative Hearings and the Golden Gate Regional Center, in the Court of Appeal of the State of California, First Appellate District, Division Two. The court case ID is A165561 and it was filed on April 9, 2024.
In 2021, the defendants concluded that Vivian was not eligible for services under the Lanterman Developmental Disabilities Services Act. Vivian challenged this decision through a writ petition. On April 29, 2022, her petition was denied by the trial court.
Vivian then filed an appeal on June 30, 2022—more than 60 days after her petition was denied. However, according to California Rules of Court, rule 8.104(a)(1)(A), an appeal must be filed within 60 days from when "the superior court clerk serves on the party filing the notice of appeal .. . a filed-endorsed copy of the judgment."
The plaintiff is seeking for her appeal to be considered despite being untimely. However, according to rule 8.104(a)(1)(A), since she filed her notice of appeal more than 60 days after receiving the order denying her writ petition, her appeal is deemed untimely.