I was found liable on a construction contract and ordered to pay. Although I had an attorney, and my business—a corporation—wasn't operational before the judgment was entered, I was not aware of the progression to the discovery of assets phase until I was served. Due to health issues, I... View More

I was appointed an attorney who had poor communication and seemed uninterested in my case, so I fired her. The judge appointed a new lawyer, but he only had 20 days before the next court date. Despite trying to hire private attorneys, they all said 20 days was not enough time to prepare. My new... View More

I am seeking legal guidance on whether there is a basis or any case law in Georgia that indicates there are no appeals allowed in an uncontested divorce, which includes a settlement agreement. The divorce judgment was pronounced in 2014, and there have been no issues with the judgment. I need this... View More

My wife was terminated from her permanent position with a UN agency due to charges of misconduct involving staff hiring and contract issuance without adhering to regulations. Although she admitted to the mistake, she feels the penalty of summary dismissal is excessive. The investigation was not... View More

In a nonprofit fraternal organization, I was suspended from my office by the president for alleged disrespect without receiving any written notice of the specific actions of disrespect, nor was I provided a hearing. The organization’s rules state that every member accused of any action is... View More

I have had three children removed by CPS in Utah. My daughter was removed at 6 months due to domestic violence and mental health issues. My son was removed for "sibling at risk" during my girlfriend's pregnancy, and both cases were combined even though the removals occurred at... View More

I was wrongfully imprisoned and charged with criminal mischief in Kentucky after unintentionally escaping from a hospital while I was very sick. Additionally, I have a dismissed charge from Indiana on my record. I would like to know how I can clear my name and remove these false and misleading... View More

Timothy Denison
answered on Apr 17, 2025

You should be able to expunge your record immediately and remove all the charges once and for all.

I submitted a pro se motion to recall a warrant, but it was denied without any reason given by the court. The warrant was issued solely based on a neighbor's accusation and without any evidence or speaking to the people accused of the crime. I noticed the denial just a couple of hours after... View More

My high school child received a one-day in-school suspension for making a false statement during a school trip, which was corrected the same day and did not lead to any rule violation, benefit, or harm. Despite showing remorse and having an impeccable record, this consequence affected their... View More

I am involved in a civil case in California. I am considering filing a notice of appeal from a judgment upon a sustained demurrer. I believe referencing CCP 473c is not necessary in the notice of appeal, as it is a free format optional form. I am confident about including the de novo standard of... View More

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answered on Apr 17, 2025

You must file a notice of appeal from the judgment entered on the order sustaining your demurrer without leave to amend by identifying the judgment date, the sustaining order, and your intention to appeal. You need not cite CCP 473c because it governs relief from judgment rather than the process... View More

I was accused of theft for writing a $120 check at Walmart from my deceased mother's account, and I ended up in jail without bond until my court date. During my preliminary hearing in Leavenworth County, Kansas, feeling a conviction was inevitable, I waived the prelim due to lack of access to... View More

I am appealing a judgment that was entered after my demurrer was sustained without leave to amend. This occurred before my motion for reconsideration of the order sustaining the demurrer was heard. I believe that a de novo standard of review is appropriate because of an alleged change in law. Is... View More

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answered on Apr 17, 2025

When a judgment follows a demurrer sustained without leave to amend, the Court of Appeal reviews the legal sufficiency of the pleadings de novo. That standard applies even when you invoke a “change in law” theory, so your argument for fresh review is intact.

Code of Civil Procedure... View More

I am currently at the appeal stage. At the trial court, my motion to compel further discovery responses was vacated after the court sustained a demurrer without leave to amend. Will the court of appeals review the trial court's decision based on the de novo standard, and will they review the... View More

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answered on Apr 17, 2025

The Court of Appeal will review the order sustaining the demurrer without leave to amend under the de novo standard because that ruling is a pure question of law tied to the sufficiency of the pleadings. You can expect the panel to examine the complaint itself, the judicially noticed materials,... View More

I lost my post-judgment on additional child support because my ex-spouse recently changed his business structure from an S Corp to a C Corp, resulting in the loss of the K-1 form that was originally used for calculating additional child support. I believe that the income derived from his business... View More

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answered on Apr 16, 2025

You can still ask the court to impute income based on his business earnings even though the entity changed from an S Corp to a C Corp. Gather his W‑2 wages, corporate tax returns (Form 1120) showing profit distributions, and IRS wage and income transcripts to document the same underlying... View More

I'm planning to file a notice of appeal from a judgment in a civil case from the Superior Court of California, which is based on a sustained demurrer without leave to amend. I am seeking guidance on all relevant statutes that might be applicable in this situation, not just the Code of Civil... View More

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answered on Apr 16, 2025

Your appeal is authorized by Code of Civil Procedure CCP 904.1(a)(1) because the dismissal entered under CCP 581d after the demurrer serves as a final judgment. CCP 472c confirms that the court’s refusal to grant leave to amend is reviewable on that same appeal, so no separate writ is needed.... View More

I lost my post-judgment on additional child support because my ex-spouse changed his business structure from an S Corp to a C Corp, and consequently, he no longer has a K-1 form. I believe the income from the business should still be considered in the child support calculation despite the change. I... View More

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answered on Apr 16, 2025

Yes, you may still have grounds to appeal the child support adjustment, especially if you can demonstrate that your ex-spouse’s change in business structure was used to obscure actual income. The court’s responsibility is to assess the parent’s *true earning capacity and available resources*,... View More

I'm dealing with a $387,000 judgment lien on my property from a personal injury claim I believe was obtained through fraud. They only accept $250,000 to settle, but I missed the appeal deadline. I face harassment from the claimant, who used abusive language and questioned my discovery... View More

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answered on Apr 16, 2025

If you believe the judgment was obtained through fraud, you may still have legal grounds to challenge it even after the appeal deadline. In Georgia, a court can set aside a judgment under O.C.G.A. § 9-11-60(d) if it was procured by fraud, accident, or mistake. This is not the same as an... View More

I'm filing an appeal for my civil case in the Superior Court of California, Chatsworth Courthouse. As a pro se litigant, I need to know whether, in the table of authorities of my opening brief, a statute referenced on multiple pages requires separate page entries for each occurrence or if it... View More

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answered on Apr 16, 2025

Under California Rules of Court, rule 8.204(a)(2)(C), you list statutes alphabetically by code section and show the pages where each is cited.

You don’t need to repeat a statute on separate lines just because it appears multiple times. Instead, list it once and follow it with all the... View More

I need clarification on the rules for serving a motion to augment the record on appeal in a civil case in California, pursuant to Rule 8.155. Specifically, I'm wondering if the service has to be made only on the Respondent when the motion is filed with the Court of Appeals, or if there are... View More

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answered on Apr 16, 2025

You must serve your motion to augment the record on every party who has appeared in the appeal, not just the respondent. You must deliver one copy to each attorney or unrepresented party.

When you file the motion, include a proof of service listing each person served. If you seek to correct... View More

How should I allege in my appeal brief the issue regarding the delayed proof of service for evidence crucial to my case involving fraud, which was the basis for punitive damages? On a particular date, I emailed a request to the process server to serve the evidence, but the server only provided... View More

Scott Richard Kaufman
answered on Apr 15, 2025

This is why, at least one reason why, it is often unwise to be one's own attorney, as even IF the hired counsel messes up, one still has a remedy and a pocket to look into. Good luck with this and consider, even at this late date, if the case is valuable enough, hiring counsel...

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