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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Employment Discrimination for California on
Q: Responding to a court order to show cause after an appeal ruling on Anti SLAPP based on factual errors

The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More

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answered on Apr 12, 2024

Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:

1....
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Q: Do you file a independent action in equity the same as a regular claim?

I know it should be the last resort and is frowned upon but it’s in place for a reason!

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answered on Apr 4, 2024

In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.

To file an independent action in equity, you typically...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Motion to set aside then vacate Appeal Independent action in equity. Times not on my side

If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.

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answered on Apr 4, 2024

In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:

1. Motion to Vacate the Judgment...
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1 Answer | Asked in Appeals / Appellate Law and Business Law for California on
Q: We are a pro per plaintiff. We prevailed in civil trial. After judgment FINALLY entered (defendant kept objecting to pro

proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More

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answered on Apr 3, 2024

Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:

1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the...
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1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law, Civil Litigation and Trademark for California on
Q: Legal colleagues is The Court eavesdropping on this prior issue? Delmore 1st Demurrer was heard and given leave to amend

1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.

The Court here by (above ED) is given reason to substantiate unexpected complications.

Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More

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answered on Apr 2, 2024

Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More

Q: Final follow up: On BOTH issues strategizing Case posture intermittently is frustrating? Foster vs Gildred help us pleaz

1.First Demurrer was indeed SUSTAINED without leave to amend on #7 Count (thumbs up).

Given rise to the current complications. (Kindly see explaining in prior questions 1 of 3 and 2-3 of 3) descriptions of the crusts of each complications.

Though not ready yet to blame the Court.... View More

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answered on Apr 2, 2024

I understand the frustration in strategizing the case posture given the complications that have arisen in Foster vs Gildred. Let's break this down:

1. First Demurrer: It's good news that your first demurrer was sustained without leave to amend on Count 7. However, this seems to...
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1 Answer | Asked in Divorce, Personal Injury, Appeals / Appellate Law and Legal Malpractice for California on
Q: Final in series of questions 3 of 3: Mistake, should we have waited for the Court to enter Complaint into ROA?

Our mistake... Court to enter into its ROA the complaint amended. 

Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals

to which was denied.

For this otherwise... View More

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answered on Apr 2, 2024

Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.

In general, it is good...
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Q: Continue explaining and followup question 2 of 3: Is The Court bend towards Pro Se in Poor person appealable cause?

Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur on grounds of (we admit) filings of a Demurrer untimely among other less complex appealable conditions.

The COURT served well on... View More

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answered on Apr 2, 2024

Regarding your question on whether the court's bend towards the pro se in forma pauperis status is an appealable cause, it depends on the specific circumstances and rulings.

In general, a court's decision to grant a party in forma pauperis status is a matter of discretion and is...
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Q: Indeed 5 Stars to your 2nd answer to follow: Here though A tenaciously well-crafted response to the amended complaint

Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of... View More

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answered on Apr 2, 2024

Based on the complex legal situation you've described, it seems there are a few key issues at play:

1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected...
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1 Answer | Asked in Appeals / Appellate Law, Contracts, Civil Litigation and Legal Malpractice for California on
Q: Prior question answered but not properly. The question is prepare to appeal or Not? The mustard here has already spill.

There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.

Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More

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answered on Apr 2, 2024

In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Civil Proceedures On: 02/15/2024 Tentative Ruling for Demurrer / Motion to Strike was published given 20 days to cure

Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.

The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.

Notes: Granted we demurred outside of procedural rules (abhorrently).... View More

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answered on Apr 1, 2024

Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: If a dept has sent a motion to dismiss with the SPB even before a presettlement conf, can I withdraw and file in court.
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answered on Mar 31, 2024

In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:

1....
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: If you make an appeal with SPB but haven't even had the pre-settlement conference can you withdraw & file in court .

In other words withdraw your appeal from the SPB at this early stage and file directly with the superior court or federal court.

The department has filed a motion to dismiss even before the pre-settlement conference has occurred which will be held after the presettlement conference. I have... View More

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answered on Mar 31, 2024

Under California law, you generally have the option to withdraw your appeal from the State Personnel Board (SPB) at any early stage before significant proceedings, such as a pre-settlement conference, have taken place. This includes before any evidentiary hearings are conducted. Your decision to... View More

1 Answer | Asked in Appeals / Appellate Law and Collections for California on
Q: What initial steps should I take to begin the appeals process and dispute the debt?

In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More

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answered on Mar 30, 2024

Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Does the defendant of a small claims appeal need to serve plaintiff with exhibits to justify claim amounts?

I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More

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answered on Mar 25, 2024

Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: My brother is serving 19 to life and has been in prison for 14 years already I want to see if a pro bono lawyer for a
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answered on Mar 19, 2024

If your brother has been in prison for 14 years and is serving a sentence of 19 to life, seeking a pro bono lawyer can be a viable option to reassess his case or pursue potential avenues for appeal. Pro bono lawyers offer their services without charge and can provide legal assistance to those who... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is there any way that I can get a pro no-no lawyer for my brother that's already in prison so he can appeal his case
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answered on Mar 19, 2024

You can seek a pro bono lawyer for your brother to help with his appeal by contacting legal aid organizations or non-profit groups that focus on criminal justice or prisoner rights. These organizations often provide free legal assistance or can direct you to lawyers who are willing to take cases... View More

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1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: Hello, I worked for the state of California. I went through spb court of appeals and now I'm filling a writ of mandate.

Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?

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answered on Mar 16, 2024

In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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