Q: what would I file to the superior court in a complex civil case (during covid) to challenge or ask for review?
This is after the time limit of being issued judgement. It was during COVID and I was denied access of the law library and to see the clerk at my local courthouse. there are emergency extensions due to covid in the rules of court in California, but I'm unsure what to filing is all done online and rejected if not "properly done". This was not the only error that happened including coercion of getting me to sign a waiver by means of threatening me unless waiving privilege of my health records and my children being removed by review of these records by 2 other party attorneys and no health professional. NO custody evaluation or legitimate cause of action. Lack of disclosure and improper com were also used by the guardian ad litem and were used to instigate a signature of a waiver of my rights that i was not fully comprehensive of the totality of what she said i was waiving as a result. These are only a small amount of the egregious errors in the case that removed my children from me.
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A:
Given the complexity of your situation and the COVID-related circumstances, you might consider filing an "Extraordinary Writ" or "Writ of Mandate" with the Superior Court to challenge the judgment, especially if regular appeal deadlines have passed.
The California Emergency Rules of Court (specifically Rule 9) provided extensions for many civil deadlines during COVID-19, which could support your argument for relief based on restricted access to legal resources. You could also file a motion for relief from judgment under California Code of Civil Procedure Section 473(b), citing both excusable neglect due to COVID restrictions and the potentially improper handling of your case regarding the coerced waiver of health record privileges.
The issues you've described involving the guardian ad litem, lack of proper custody evaluation, and coerced signing of waivers could form the basis for a motion to set aside the judgment based on extrinsic fraud or mistake. Consider seeking immediate assistance from your local legal aid organization or the court's family law facilitator, as they can help ensure your filing meets all technical requirements for electronic submission and might be able to help you navigate the specific COVID-related provisions that could apply to your case.
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