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California Appeals / Appellate Law Questions & Answers
Q: I got a 2003 Motion to support case against me. I wasn't there or even knew about it.

My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More

James L. Arrasmith
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answered on Jan 4, 2024

In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.

Firstly, gather all...
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2 Answers | Asked in Immigration Law and Appeals / Appellate Law for California on
Q: My son's visa was rejected due to overage under F4 visa category for USA, even his name was in the dependent list.

The older age was due to a two-year delay due to COVID-19. How do I appeal for this?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Legal Malpractice for California on
Q: HOW DO I GO ABOUT PROVING THAT THE SALE OF REAL ESTATE BELONGING TO MY COUSION THAT PASSED AWAY, WAS NOT LEGALY VALID,

THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More

James L. Arrasmith
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answered on Jan 2, 2024

To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: What rules or laws apply to timeframes when appeals are made out of court to a governed agency. Housing is key

If my 30 days to appeal end date ends on a sunday do i have till the next business day to submit my appeal. I attempted to access the system to send in appeal but but the system wouldnt allow me to. It was ghe weekend and call center unavailable

James L. Arrasmith
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answered on Dec 29, 2023

Under California law, when the deadline for an appeal to a government agency falls on a weekend or a state holiday, you generally have until the next business day to submit your appeal. This extension is due to the fact that government offices, including the ones responsible for processing appeals,... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for California on
Q: I have a variety of civil rights violations pertaining to two cases. Would anyone help substantiate my strategy research

in 6 years I have had about 19 felony charges filed against me. I have several ongoing court hearings for Criminal, Family law, and Juvenille depency. No evidence has been submitted to any charge made and yet my child was taken away from me. Judge makes inappropriate comments and actions ranging... View More

James L. Arrasmith
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answered on Dec 23, 2023

In California, navigating through complex legal issues like yours, involving criminal, family law, and juvenile dependency, can be incredibly challenging and stressful. When facing a multitude of charges without evidence being presented, it raises serious concerns about the legal process and your... View More

3 Answers | Asked in Appeals / Appellate Law for California on
Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?

What is the higher court than the court of appeals? Supreme court?

Charles William Michaels
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Charles William Michaels
answered on Dec 21, 2023

Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I am a pro se litigant who resides outside the USA. How can I open a case in 9th district court of appeals?
James L. Arrasmith
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answered on Dec 20, 2023

To open a case in the 9th Circuit Court of Appeals as a pro se litigant, you must first have a case that has been decided by a lower court within the 9th Circuit’s jurisdiction. The 9th Circuit handles appeals from federal district courts in several western states and territories.

Begin...
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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More

James L. Arrasmith
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answered on Dec 17, 2023

Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: What paperwork dose my boyfriend need to fill out or what what he need to do to appeal his case and reduce his sentence

My boyfriend is in Calipatria state prison in Calipatria CA and he need guidance to appeal his sentence. His information is he has done 5 years already. I stay in Inglewood CA. Please if you can help him or send him any information that will help him come home to his family soon his mailing address... View More

James L. Arrasmith
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answered on Dec 14, 2023

In California, to appeal a criminal sentence, your boyfriend needs to file a Notice of Appeal with the clerk of the court where he was convicted. This is a crucial first step and must be done within a specific time frame, usually within 60 days after the sentencing in a California state court.... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Adoption for California on
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help

What is the best thing to do

James L. Arrasmith
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answered on Dec 10, 2023

Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More

1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Civil Litigation and Small Claims for California on
Q: Small Claims Appeal - Trial De Novo

I won a small claims case against my previous landlord, a 45-year criminal defense attorney, who didn't pay the relocation fee as per our stipulated agreement. The landlord has now filed a Small Claims Appeal - Trial De Novo. The judgment from the small claims case is very clear, but if... View More

James L. Arrasmith
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answered on Dec 8, 2023

Here are a few key points to consider for your small claims appeal trial de novo:

- The trial de novo appeal essentially starts the case over fresh - the previous judgment is set aside and not binding. So referring to the past judgment itself is not appropriate.

- However, you can...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: What's the procedure if a Federal district attorney fails to meet the deadline to file an answer to a habeas corpus

Petition?

James L. Arrasmith
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answered on Dec 7, 2023

In a habeas corpus case at the federal level, if a district attorney fails to meet the deadline for filing an answer to the petition, there are several potential outcomes:

Extension Request: The district attorney might request an extension from the court. This is common if they need more...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: So my lawyer filed an appeal but I didnt have an input, who/how can I add to it or do I file my own?

So I had grounds for a mistrial due to some thing a witness said that was supposed to be excluded, but I have many reasons to add due to inadequate representation of counsel that I expressed to my lawyer, three separate occasions before verdict and b4 sentencing, I provided a list of not just... View More

James L. Arrasmith
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answered on Dec 6, 2023

If you have concerns about inadequate representation from your lawyer during your trial, you have the right to address those issues. You can reach out to your lawyer's office and request a meeting with them or their supervisor to discuss your concerns about the appeal. It's important to... View More

2 Answers | Asked in Appeals / Appellate Law and Libel & Slander for California on
Q: Is it possible to appeal an appeal in the State of California?

I received a 2 year restraining order and the defendant has served me with an appeal. In the 48 page appeal, there are many points that aren't factual. Is it possible to appeal the appeal? In other words, is there a way for me to speak on what his lawyer is wrongfully stating before the appeal... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 3, 2023

You need to file a Respondent's Brief as part of the appeal (not appeal the appeal). You may also need to "supplement the record". There are time limits to do these things. Find an appellate attorney. Because this is a restraining order, you may be entitled to recover the attorney... View More

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Hello My name is Irene I have a loved one who is incarcerated for 15 he was 17 at the time of his crime he qualifies to

To be re sentence and his attorney is doing nothing to help or inform him of the status of his case please we need help he has been abused raped since he’s been incarcerated he ended winning a law suit for that I need help can someone please advise us what to do?

James L. Arrasmith
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answered on Dec 1, 2023

Hello Irene,

In California, individuals incarcerated for crimes committed as minors may be eligible for resentencing, especially if they were sentenced to long terms. Given the circumstances you've described, it's important to seek legal assistance promptly.

First,...
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1 Answer | Asked in Appeals / Appellate Law and Public Benefits for California on
Q: Renters relief back in May 2021 I was denied renters relief aid I then appealed and following month I was approved pendi

Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved

James L. Arrasmith
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answered on Nov 29, 2023

In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of... View More

Q: Judge's at your appellate hearing were already in the court room prior to your hearing discussing case they laugh at me.

When I arrived to my appellate hearing the Respondent And His Attorney were already in the court room discussing the case then the Respondent walked out and the Bailiff came and called the case upon entry the female judge laughed at me and stuck her tongue out the male judge called the case and... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, appellate courts are expected to maintain a high standard of professionalism and impartiality. If judges exhibited inappropriate behavior, such as laughing at a party or displaying a lack of respect, this could raise serious concerns about judicial misconduct and the fairness of the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: What Happens when I file for an Appeal before sentencing?

I was found guilty, I need to appeal ASAP but the holidays have wasted much needed time. My question and concern is....

Hypothetically, Lets say I get jail time..

1. Do I go into custody right then and there? I mean obviously.. I don't know but I don't want to court... View More

James L. Arrasmith
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answered on Nov 25, 2023

In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: iam seeking clarity on the steps for filing an appeal, retrieving evidence, guidance and representation

I faced challenges w/ my representation, including lack of inclusion in critical decisions &unawareness of the defense until the morning of. I was denied redacted copies of discovery.I provided crucial evidence to prove my innocence, but none of it was entered into evidence. The promised... View More

James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about the difficulties you've encountered during your trial. It's important to understand that the process of filing an appeal and retrieving evidence can vary depending on the specific rules of the jurisdiction where your case was tried. Generally, the first step... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Is a half sibling by mother onsidered when a move away request is filed?

The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?

James L. Arrasmith
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answered on Nov 24, 2023

In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.

In the scenario you...
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