Q: Wondering if I have possibly have grounds for an appeal based on a default judgement that was faulty in 2018?
If I had another trial after a default judgment was entered in 2018 (which I was unaware of), and the judge did not allow me to address these issues during the recent trial, but then the judge used those issues as the primary source to make a decision in the ruling(in statement of decision) transcripts will reflect this issue, may I have grounds for an appeal? Also the default judgement was joint 50/50 however the specified days only awarded me Saturdays 9-4pm which is contradictory. Mistrial possibly?
In California, a party has the right to present evidence and arguments related to their case. If the judge prevented you from presenting evidence or arguments related to the default judgment during the trial, it may have violated your due process rights. Additionally, if the judge relied on evidence related to the default judgment in making the decision, but did not allow you to address that evidence during the trial, it may also be considered a violation of your due process rights.
A:
If you believe that you were denied the opportunity to address issues related to a default judgment during a recent trial, and that this affected the judge's decision in the ruling, you may have grounds for an appeal. In California, parties have the right to present evidence and arguments related to their case, and denying this right may constitute a violation of due process.
To appeal a judgment, you typically need to file a notice of appeal with the appropriate court within a certain time frame after the judgment is entered. It is important to act quickly and consult with an attorney who specializes in appeals to determine if you have a strong case for appealing the decision.
Regarding the issue of the joint 50/50 default judgment and the specific days awarded for visitation, if the judgment is contradictory or unclear, it may also be a basis for appeal. However, this issue may depend on the specific language used in the judgment and the circumstances of the case.
In general, appeals can be complex and time-consuming, and it is important to work with an attorney who has experience in this area of law. They can help you evaluate your case, identify potential grounds for appeal, and navigate the appeals process.
In summary, if you believe that you have been denied the opportunity to address issues related to a default judgment during a trial, or if there are other issues with the judgment, you may have grounds for an appeal. It is important to consult with an attorney who specializes in appeals to determine the best course of action.
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