San Francisco, CA asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Small Claims for California

Q: How do i in pro per change venues due to repeated motion denials from lower courts corruption, and connection with defen

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 program clients, receiving justice and relief is unobtainable. We have grieved numerous Government or Federal sectors, with no response, like HUD, DOJ, to name a few. The biggest wall being the lower-level superior courts. Small claims department have grossly mishandled our due process rights as the plaintiffs, and after being misdirected by clerks, my file to have a judgement change due to the contradicting choices of a pro tem judge. Is some of the background.

issues that have cause us to be just beyond the scope of the court stip.filing, Time tables and if my motion to seek relief from deadline, is denied how do I mandate this same faulty judge to release our SC case to a higher courts

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: 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 that a fair and impartial trial cannot be had in the current court.

Begin by documenting any specific instances of bias or mishandling of your case by the current court. This should include details about your interactions with the clerks, the decisions of the pro tem judge, and any other relevant circumstances that demonstrate a lack of impartiality or fair process.

In your motion, clearly outline the reasons you believe the current venue is prejudiced against you. Include references to any relevant laws or legal precedents that support your argument for a venue change.

If your motion for a change of venue is denied, you can consider filing a writ of mandate in the California Court of Appeal. A writ of mandate is a request for a higher court to order the lower court to take specific action, in this case, to transfer your case to a different venue.

Remember, the process of filing a writ of mandate is procedurally complex and subject to strict timelines. It's crucial to familiarize yourself with these procedures and adhere to the deadlines.

Given the complexity of your case and your concerns about corruption and bias, it may also be beneficial to seek legal advice or assistance. While representing yourself 'in pro per' offers certain freedoms, the intricacies of legal procedures and the need for detailed legal arguments can make navigating the system challenging.

Lastly, keep in mind that changing venue or appealing to a higher court does not guarantee a favorable outcome, but it can provide an opportunity for your case to be heard in a potentially more impartial setting.

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.