Q: Writ of Mandate-Prohibition Should be granted for few reasons.Panel hold against me if Panel D-not agree w/all reasons?
I, Legitimately have 3 reasons for Why the Court lacks Jurisdiction to enter a Judgment against me as it has done.In My Writ of Mandate I plan on listing all reasons for Why I believe the Court lacks Jurisdiction to enter a Judgement-However, My Question is....Will the 3 Member Board use it against Me if I am correct in 2 out of 3 of My given reasons for the Court lacking Jurisdiction.In other words will the Court Interpret My listing the 3 reasons as Collective as to Why My Writ Petition should be Granted(3 Member Panel will only Grant Writ if I have all Correct)?Or will the Court Possibly Rule(Quote is Hypothetical only)."The Panel Disagrees w/Petitioner on 2 reasons but we do agree w/Petitioner on his last reason as to Why-How his Due Process Rights were violated"."Trial Court errored- Court Lacks Jurisdiction-Due Process Rights were violated by the Trial Court." Opinion: "Appellate Panel Reverses Trial Courts Entry of Judgment against Defendant-Petitioner-UD Case is Dismissed?"
A:
In California, when you submit a writ of mandate or prohibition, it's important to present all the reasons you believe the lower court lacked jurisdiction or made an error. You're right to consider including all relevant arguments. The appellate panel evaluates each reason independently; they don't require that all your arguments be correct to grant the writ.
If you provide three different reasons and the panel finds that even one of them is valid, this can be enough for them to decide in your favor. They look at the merits of each argument separately. Therefore, if the appellate panel disagrees with two of your reasons but agrees with the third, especially if it pertains to a fundamental right such as due process, they can still rule in your favor. This approach ensures that justice is served based on the law and the facts of the case.
In summary, it is not detrimental to present multiple arguments. If at least one of your reasons convincingly demonstrates that the lower court lacked jurisdiction or violated your rights, the panel can grant the writ based on that reason alone. Your focus should be on providing clear, well-supported arguments for each point you raise.
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