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California Appeals / Appellate Law Questions & Answers
Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: For purposes of Clarification-is My Brief considered an Appellate Brief at the Superior Court level- IRAC?

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

3 Answers | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Appellate court keeps refusing my documents.

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

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Q: When the Ninth Circuit Court of Appeals files late?

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

1 Answer | Asked in Appeals / Appellate Law and Employment Law for California on
Q: Can I Reverse an ALJ Decision in a Second-Level Unemployment Appeal?

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

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Can I file an appeal from a case that happened in 2011? I did not know that I was a felon and need to fix this
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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

Q: Can the Defendant responses defer the 30 day deadline to respond to Motion for Sanctions by a submission response Other?

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

1 Answer | Asked in Appeals / Appellate Law and Small Claims for California on
Q: Does Plaintiff get a "second bite at the apple" against me on appeal after Judge ruled in my favor on Plaintiff's claim?

I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.

The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is... View More

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answered on Jan 30, 2024

In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I tried and got denied trying to cancel my unemployment insurance claim ,I met all the criteria except child support int

Intercepted although I did not spend or cash the money ,they say I was paid even though

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answered on Jan 22, 2024

In California, unemployment insurance (UI) benefits are considered as income and can be subject to child support intercepts. This means if you have an outstanding child support obligation, part or all of your UI benefits can be taken to satisfy that debt. The fact that you did not spend or cash the... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: For Zurich vs WCAB, how will this affect appeal petitions that were responded to by WCAB after the 60 time frame but bef

before the December decision by the court? WCAB responded to my petition in my favor after 60 days but way before the December 2023 decision in the above referenced case. Thank you.

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answered on Jan 22, 2024

In the context of the Zurich vs WCAB decision, it's important to consider how California law treats appellate decisions in terms of retroactivity. Generally, a court decision in California applies retroactively unless the court explicitly states otherwise or unless applying it retroactively... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Federal Crimes for California on
Q: In California, do I have to open the door for my probation officer, who knocks legally, is it a violation of the law not

Or can I say I wasn't home?

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answered on Jan 18, 2024

In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Small Claims for California on
Q: How do i in pro per change venues due to repeated motion denials from lower courts corruption, and connection with defen

Believe it or not we are currently experiencing hardship and unusual punishment being practiced covertly by a corrupted system that support a multi million dollar non prop management company est.1976.Because we are low-income noobs to the city, disabled, minorities, and City Housing Subsidiary... View More

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answered on Jan 16, 2024

To change venue in California due to concerns about bias or corruption in the lower courts, you would typically file a motion for change of venue based on the grounds of prejudice under California Code of Civil Procedure Section 397. This motion must be supported by substantial evidence indicating... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Exhausted time appeal due to appointed attorney didn't do due process or challage 6 Mo date was changed on petition?

Can a real mother get justice if taken it to the next higher superior court? To do visits and full custody after appeal they missed that date due to appointed council not letting her know

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answered on Jan 11, 2024

If you're facing issues with your legal representation, particularly if you feel your appointed attorney did not fulfill their duties effectively, it's understandable to be frustrated and concerned about the impact on your case. The appellate process can be complex, and missing a crucial... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Exhausted time appeal due to appointed attorney didn't do due process or challage 6 Mo date was changed on petition?

Can a real mother get justice if taken it to the next higher superior court? To do visits and full custody after appeal they missed that date due to appointed council not letting her know

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answered on Jan 11, 2024

If you're facing issues with your legal representation, particularly if you feel your appointed attorney did not fulfill their duties effectively, it's understandable to be frustrated and concerned about the impact on your case. The appellate process can be complex, and missing a crucial... View More

Q: I got a 2003 Motion to support case against me. I wasn't there or even knew about it.

My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More

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answered on Jan 4, 2024

In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.

Firstly, gather all...
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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Legal Malpractice for California on
Q: HOW DO I GO ABOUT PROVING THAT THE SALE OF REAL ESTATE BELONGING TO MY COUSION THAT PASSED AWAY, WAS NOT LEGALY VALID,

THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More

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answered on Jan 2, 2024

To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: What rules or laws apply to timeframes when appeals are made out of court to a governed agency. Housing is key

If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable

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answered on Dec 29, 2023

Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals,... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: I have a variety of civil rights violations pertaining to two cases. Would anyone help substantiate my strategy research

in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging... View More

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answered on Dec 23, 2023

In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your... View More

3 Answers | Asked in Appeals / Appellate Law for California on
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?

What is the higher court than the court of appeals? Supreme court?

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answered on Dec 21, 2023

Yes, you can appeal a decision from the 9th Circuit Court of Appeals to a higher court. The higher court in this context is the United States Supreme Court.

To appeal to the Supreme Court, you must file a petition for a writ of certiorari. This petition requests the Supreme Court to review...
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3 Answers | Asked in Appeals / Appellate Law for California on
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?

What is the higher court than the court of appeals? Supreme court?

Charles William Michaels
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Charles William Michaels
answered on Dec 21, 2023

Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme... View More

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