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Questions Answered by John Toby Schreiber
1 Answer | Asked in Appeals / Appellate Law for California on
Q: .” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case (1975)
John Toby Schreiber
John Toby Schreiber answered on May 21, 2018

The California Supreme Court affirmed the trial court award of damages in plaintiff's favor. The appellant parent company of an LA radio station held an on-air contest as to who could find one of the station's djs, in which 2 teenage listeners drove so quickly through traffic they caused an... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: 1 gets judgment against 2 and 3, who both appeal. 2’s appeal dismissed, 3's successful. Is 2 subject to judgment still?

Party 1 was the purchaser at a sheriff's sale caused by a junior judgment creditor. Party 3 was a senior judgment creditor. Party 2 was the successor trustee to the original trustee who was the judgment debtor the junior judgment creditor forced a sheriff's sale regarding. Party 2's appeal was... Read more »

John Toby Schreiber
John Toby Schreiber answered on May 9, 2018

There are too many variables missing in this question to give a definitive answer. In the abstract it would appear that yes, 2 is still subject to the judgment, but this question is more complicated than that. There are a bunch of unanswered questions here: on what basis was 3's appeal... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Should a petition for Writ filed in court appeals be different from one filed superior

A petition for Writ of Mandamus is denied in superior court, resulting in hopes of appealing that superior court order denial refusing to intervene, should the petition for Writ of Mandamus filed now in court of appeals differ or be the same?

John Toby Schreiber
John Toby Schreiber answered on Mar 28, 2018

Actually, trial court orders denying a petition for writ of mandamus are usually appealable and begin by filing a notice of appeal in the trial court within 60 days of notice of the entry of that order. There are exceptions to that rule, such as proceedings brought under the Public Records Act,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Q: What issues differentiate a De Novo review from a Independant review?
John Toby Schreiber
John Toby Schreiber answered on Mar 26, 2018

De novo review and independent review are actually generally the same thing. They both refer to the standard of review used by the appellate court concerning an issue of law. Issues of law include interpretation of a statute, constitutional provision, ordinance, or regulation, or interpretation... Read more »

Q: DESCRIBE ERRONEOUS FRAUD ?HOW DOES IT DIFFER FROM EXTRINSIC T FRAUD?
John Toby Schreiber
John Toby Schreiber answered on Mar 26, 2018

Extrinsic fraud or mistake is the type of fraud or mistake that prevents a party from participating in the proceedings in the trial court. An attorney (or party if unrepresented) is not provided notice of a motion hearing date or a trial date and therefore literally is unable to participate in the... Read more »

2 Answers | Asked in Appeals / Appellate Law for California on
Q: Do you have to go through a trial before filing a case with the state supreme court?
John Toby Schreiber
John Toby Schreiber answered on Mar 26, 2018

Normally not only do you need to go through trial, but for all but death penalty cases you need to appeal and have a decision from the appellate court, then file a petition for review with the California Supreme Court asking them to review your case. Supreme Court review is very rare; less than... Read more »

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