Just need to know if he left me anything n my oldrsisrers are not telling me
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
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
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?
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
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
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
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
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
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
Intercepted although I did not spend or cash the money ,they say I was paid even though
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
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.
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
Or can I say I wasn't home?
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
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
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
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
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
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
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
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
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... View More
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
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
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
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
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
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
What is the higher court than the court of appeals? Supreme court?
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... View More
What is the higher court than the court of appeals? Supreme court?
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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