The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More 
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answered on Apr 12, 2024
Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:
1.... View More
I know it should be the last resort and is frowned upon but it’s in place for a reason!
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answered on Apr 4, 2024
In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.
To file an independent action in equity, you typically... View More
If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.
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answered on Apr 4, 2024
In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:
1. Motion to Vacate the Judgment... View More
proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More
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answered on Apr 3, 2024
Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:
1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the... View More
1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.
The Court here by (above ED) is given reason to substantiate unexpected complications.
Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More
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answered on Apr 2, 2024
Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More
Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.
The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.
Notes: Granted we demurred outside of procedural rules (abhorrently).... View More
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answered on Apr 1, 2024
Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More
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answered on Mar 31, 2024
In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:
1.... View More
In other words withdraw your appeal from the SPB at this early stage and file directly with the superior court or federal court.
The department has filed a motion to dismiss even before the pre-settlement conference has occurred which will be held after the presettlement conference. I have... View More
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answered on Mar 31, 2024
Under California law, you generally have the option to withdraw your appeal from the State Personnel Board (SPB) at any early stage before significant proceedings, such as a pre-settlement conference, have taken place. This includes before any evidentiary hearings are conducted. Your decision to... View More
In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More
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answered on Mar 30, 2024
Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More
I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More
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answered on Mar 25, 2024
Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More
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answered on Mar 19, 2024
You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More
answered on Mar 19, 2024
You are looking for a Pro Bono Lawyer.
If he has been convicted, try Legal Aid\ or a local law school for leads on lawyers who might take on a pro bono case.
Unfortunately, some lawyers will do it for the experience and be less competent.
Prepare a summary of the facts and... View More
Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?
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answered on Mar 16, 2024
In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
In your response to My latest question-#4-you state that a Brief May be more Beneficial with the IRAC approach, but that an Appellate Brief May be more Beneficial with CREAC OR CRAC approach.At the Superior Court Level I am in the "Appeals Department" of San Diego Superior Court-is the... View More
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answered on Mar 11, 2024
Under California law, the brief you will be filing for your appeal at the San Diego Superior Court's Appeals Department is considered an "Appellate Brief." This is because you are appealing a decision from a lower court (likely a trial court) to the Superior Court's Appeals... View More
I am in pro per and cannot afford an attorney. No non profit will help me. I do not fit into any of their categories. No help even at the LA Law liabrary. There is absolutely no help anywhere. Can they reject what the documents I give them ? The court clerk keeps rejecting every document... View More
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answered on Mar 4, 2024
In California, appellate courts have specific rules and guidelines for the submission of documents, including formatting, content, and deadlines. If the court clerk is rejecting your documents, it's likely due to non-compliance with these rules. It's crucial to review the California Rules... View More
When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?
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answered on Feb 28, 2024
In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other... View More
I'm seeking advice on reversing an ALJ's decision via a second-level appeal with the CUIAB. In my initial appeal, the ALJ affirmed a decision denying my benefits, effective 12/24/23, based on the argument that my earnings in the lag test period did not meet the minimum requirements... View More
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answered on Feb 26, 2024
To address the issue of reversing an ALJ's decision on a second-level appeal with the CUIAB, focusing on the inclusion of PTO payout as wages is a strategic approach. In your appeal, it's crucial to argue that the payout for unused PTO should be considered as wages for the purpose of... View More
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answered on Feb 24, 2024
Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available... View More
Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?
RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).
2)... View More
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answered on Feb 22, 2024
In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More
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