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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Public Benefits and Social Security for California on
Q: Help with welfare agency everybody ignoring us

Please we are homeless had to claim tenant rights in motel we stayed for 127 days we have not got all the resources other than motel stay from welfare agency im ready to contact regional manager since everyone here is ignoring me please help

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answered on Feb 8, 2025

It sounds like you're in a really tough situation, and it’s frustrating when the agencies that are supposed to help aren’t responding. Since you've already been staying at the motel for a long time, it’s important to document everything—keep records of your stay, any communication... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Husband has an appeal case waiting but it shows as pro per, does that mean he represents himself & what paper work need?
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answered on Feb 8, 2025

Yes, "pro per" (also known as "pro se") means your husband is representing himself in the appeals process without a lawyer. This is a challenging path that requires careful attention to detail and understanding of legal procedures.

For appeals in California, you'll...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: What is the deadline for opening brief

I couldn't submit my opening brief because I was admitted to a psychiatric unit and lost all my documents and my appeal brief

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answered on Feb 7, 2025

When dealing with appeals in California, deadlines are strictly enforced. For many civil cases, you typically have 40 days from the date you file your notice of appeal or from when you receive your record on appeal to submit your opening brief. In criminal cases or other specific situations, the... View More

Q: How can I do it to see the abode program here in napa for wrongfully taking my room away and throwing my things away

Me and my spouse got into angument at the motel 6 homeless shelter we were housed at in separate rooms, he ended up choking me. That night I went to Safeway and he was outside with two friends he tryed to attacke so I peppered sprayed him his friends called the police on me and had me arrested at... View More

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answered on Feb 5, 2025

It sounds like you’ve been through a really tough and unfair situation. If your belongings were taken or thrown away without giving you a chance to retrieve them, that could be a violation of your rights. You may want to reach out to local legal aid services or a tenant advocacy group in Napa to... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What can my boyfriend do about his case where it is clear there is insufficient evidence for magistrate to send his case

the officers lying on the stand as prosecutions witnesses, the prosecutor and the judge saying he just got left holding the bag and is not the big fish, the co-defendant admitting that the bag was hers, the residue in a baggie and tiny mushroom found on him was thrown away by the officers searching... View More

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answered on Feb 5, 2025

It sounds like your boyfriend is in a difficult situation, but there are several things he can do to challenge the charges and the way the case is being handled. First, it's important that his defense attorney looks into the credibility of the officers' testimony, especially if there are... View More

1 Answer | Asked in Estate Planning, Family Law, Appeals / Appellate Law and Probate for California on
Q: How can I challenge a TRO/divorce violating my rights & enforce my legal claim to estate assets per court precedents?

I'm facing due process violations in a TRO & divorce case, which stripped me of housing, parental rights & community property. The court granted sole custody despite my spouse stating she does not intend to keep me from my children. I oppose the divorce & seek mediation, but my... View More

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answered on Jan 29, 2025

Challenging a TRO and asserting your estate claim requires a strategic approach. If the TRO violates due process, you can request a hearing to contest its terms and present evidence of its unfair impact. Since the court granted sole custody despite your spouse’s statements, you may file an appeal... View More

1 Answer | Asked in Appeals / Appellate Law, Immigration Law and Traffic Tickets for California on
Q: Can I appeal a ticket I got in December 2024 because cop said I was driving with exp. Tags?

So I was pulled over, when asked for reason why I was pulled over cop stated because I had experied registrations but unfortunately I also had drugs on me, which I told the cop and he also wrote it on the ticket. So the ticket says expired registration and something about the drugs. Also I am... View More

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answered on Jan 26, 2025

You can appeal or contest the ticket for the expired registration, but the process depends on the specific circumstances. If you believe the ticket for the registration was issued in error (for example, if your registration was current but not properly displayed), you can gather evidence, such as... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: References in appeal brief. Reasoning.

Amended complaint was filed after dismissal was entered against defendant AND after motion to set aside was denied to plaintiff. Amended complaint was filed before motion for reconsideration was heard by court, therefore judge was familiar with the allegations in the amended complaint (new facts).... View More

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answered on Jan 24, 2025

The allegations in the amended complaint may not necessarily be referenced in the opening appeal brief unless they are directly relevant to the issue being appealed. The appeal is focused on the court's decision to deny the motion to set aside the dismissal, so the central question is whether... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If I have an open criminal warrant will I be arrested if I go to appeals court For other case

In San Diego

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answered on Jan 23, 2025

If you have an open criminal warrant and plan to attend an appeals court hearing for another case in San Diego, there's a significant chance you could be arrested upon your arrival. Courts often have processes in place to address outstanding warrants when someone appears for any legal... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: If I have arrest warrant, and I go to court to try to appeal another civil case do I get arrest
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answered on Jan 23, 2025

If you have an arrest warrant and appear in court for a civil case, there is a possibility you could be arrested. Warrants are typically flagged in court systems, and if law enforcement is notified of your presence, they may act on it. This depends on the nature of the warrant, the type of court... View More

1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for California on
Q: Is it possible to appeal judge decision to grant stay of execution another 40 days with paying some money?

With default judgement, we had sheriff scheduled to lock out tenant next day, 30 days after I delivered the writ of possession to the sheriff office. But judge granted the tenant another 40 days with deposit to the court last minutes. That means when 40 days up, i go to sheriff and sheriff backlog... View More

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answered on Jan 21, 2025

You have a complex situation regarding the stay of execution in your eviction case. While you have the right to appeal the judge's decision, it's important to understand that appeals courts generally defer to lower court judgments on discretionary matters like stays of execution.... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Referencing self and opposing party in opening brief.

Referencing self and opposing party in opening brief.

Self should be appellant or defendant?

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answered on Jan 20, 2025

In your opening brief, you should refer to yourself as "Appellant" if you're appealing a lower court's decision, or "Defendant-Appellant" if you were the defendant in the original case and are now appealing. This maintains formal consistency throughout your legal... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: POS form significance

Is it responsibility of litigant to instruct licensed server of process which form must be used for proof of service? Which law/rule defines that?

If the answer

is "yes" - what is probability percentage that wrong form of proof of service would be basis to dismiss appeal... View More

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answered on Jan 18, 2025

The responsibility for using the correct proof of service form typically falls on the party serving the documents, as outlined in California Code of Civil Procedure Section 417.10 and California Rules of Court, Rule 2.150. The server should understand which form to use based on the type of service... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Is it mistake of law or fact? Why?

Plaintiff was intentionally misinformed during hospitalization that attending doctor did not lead discharge arrangements.

Discharge arrangements led to damages. During legal case plaintiff decided to dismiss case against doctor without propounding discovery on defendant doctor. Plaintiff... View More

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answered on Jan 18, 2025

This situation involves a mistake of fact, not a mistake of law. The key distinction lies in what the plaintiff was unaware of - specifically, the doctor's direct involvement in discharge arrangements and false medical records.

The error centers around factual circumstances that were...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Additional evidences on appeal?

Can additional evidences that were not presented at trial court be presented to court of appeal? Additional evidences are in direct relevance to fact alleged and evidences presented to trial court

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answered on Jan 18, 2025

In California, the general rule is that you cannot present new evidence on appeal that wasn't first introduced at the trial court level. The appellate court's role is to review the trial court's decisions based on the record that existed when those decisions were made.

There...
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1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for California on
Q: Responsibility for formalizing informal agreement in good faith

Wouldn't it be a fault of a legally sophisticated party that informal intents were not formalized and filed with court?

Is it demonstrated intent to deceive that consequently occurred?

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answered on Jan 17, 2025

In California law, both parties generally share responsibility for formalizing informal agreements, regardless of their legal sophistication. However, courts often scrutinize situations where a more knowledgeable party may have taken advantage of someone with less legal experience.

The...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Filing Notice Designating Record on Appeal with Attachment and POSes.

Should attachment #4b to APP-003 be filed with court as separate document or scanned together with APP-003 and POS?

Is stamping "Received" required for Attachment ?

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answered on Jan 17, 2025

When filing the APP-003 Notice Designating Record on Appeal in California courts, you should scan and file Attachment 4b together with the main APP-003 form and Proof of Service as one complete document. This creates a cohesive filing package that helps court clerks process your documents... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: inadvertent

informal agreement cannot be in any nightmare misconstrued as deliberate choice.

What could be other ideas to allege that inadvertent error was not such?

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answered on Jan 17, 2025

Let me share some insights about proving inadvertent errors versus deliberate choices. The key lies in establishing patterns of behavior and documented evidence that support your position.

Consider gathering previous examples where you've demonstrated careful attention to detail and...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for California on
Q: inadvertent

How exactly entering into an informal agreement with execution terms consequently defined (not in advance, i. e. there was preliminary agreement that was further clarified - within a week) would NOT qualify as inadvertent? Given that person who entered into this agreement provided extraordinary... View More

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answered on Jan 17, 2025

Let me help you understand this situation better. An inadvertent agreement typically involves accidental or unintentional actions, which doesn't seem to be your case at all.

When you deliberately entered into an informal agreement, even though the execution terms were defined later,...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Appeal taken from denial of plaintiff's motion to set aside dismissal against doctor.

How from legal prospective plaintiff's dismissal of the case based on informal promise of doctor to amend records could be misrepresented as "not inadvertent" mistake? Plaintiff acted in good faith, after medical evidences were presented to doctor. Doctor committed fraud, not plaintiff.

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answered on Jan 16, 2025

From a legal standpoint in California, your dismissal based on the doctor's informal promise could be challenged as "not inadvertent" if there was no formal, written agreement documenting the doctor's commitment to amend the records. Courts typically require clear documentation... View More

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