Chino, CA asked in Appeals / Appellate Law for California

Q: I will apply a Notice of Appeal to a judgement in a court trial. The reason is Plaintiff lied during trial.

I want Upper Court to dismiss the judgement againt me, Defendant, because Plaintiff lied that he denied to receive any cash for my debt to him. I have a wittness and judge didn't accept to postpone the trial to call the witness.

In the Notice of Appeal form, I have to explain the reason.

Other (describe and specify code section that authorizes this appeal):

So I'm asking the code section for this appeal.


Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: What you need to do is go to your local law library and to find a set of books called the "Rutter guides". Find the guides about "Appeals" and read about what the grounds for an Appeal are. They will have the code sections for the particular grounds that you want to assert. Or hire an attorney to prepare the Notice of Appeal for you. The ground for appeal has to be couched in language relating to an error occurring at the trial that denied you a fair trial, usually this means a legal error by the judge. "The plaintiff lied." is not a legal error and is not grounds for an appeal. What you are really saying is "the judge believed the lying plaintiff and not me." This is an act of judicial discretion. You may have a valid basis for an appeal, but "plaintiff lied." is not it. Consult an attorney that handles appeals, there are very strict time limits, if you miss them you are out.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.