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
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
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
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
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
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
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
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... 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
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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
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
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
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... 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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answered on Dec 20, 2023
To open a case in the 9th Circuit Court of Appeals as a pro se litigant, you must first have a case that has been decided by a lower court within the 9th Circuit’s jurisdiction. The 9th Circuit handles appeals from federal district courts in several western states and territories.
Begin... View More
in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,
has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More
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answered on Dec 17, 2023
Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:
1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue... View More
My boyfriend is in Calipatria state prison in Calipatria CA and he need guidance to appeal his sentence. His information is he has done 5 years already. I stay in Inglewood CA. Please if you can help him or send him any information that will help him come home to his family soon his mailing address... View More
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answered on Dec 14, 2023
In California, to appeal a criminal sentence, your boyfriend needs to file a Notice of Appeal with the clerk of the court where he was convicted. This is a crucial first step and must be done within a specific time frame, usually within 60 days after the sentencing in a California state court.... View More
What is the best thing to do
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answered on Dec 10, 2023
Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More
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answered on Dec 8, 2023
In dealing with delays from the Ninth Circuit, it's important to first verify that all procedural requirements for your filing were met. This includes checking that all documents were properly filed and served, and that any filing fees were paid. Sometimes, delays can be due to administrative... View More
I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if... View More
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answered on Dec 8, 2023
Here are a few key points to consider for your small claims appeal trial de novo:
- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.
- However, you can... View More
Petition?
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answered on Dec 7, 2023
In a habeas corpus case at the federal level, if a district attorney fails to meet the deadline for filing an answer to the petition, there are several potential outcomes:
Extension Request: The district attorney might request an extension from the court. This is common if they need more... View More
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