Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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?
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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... View More 
I wasn't terminated from housing authorities, I showed proof I been paying my portion of the rent, judge ask for me to get a letter stating I wasn't terminated other wise I need to pay 8,000 due to rent housing hasn't paid anyhow my worker she delayed on getting back too me so there... View More
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answered on Nov 22, 2023
In California, if you're facing a lockout due to a misunderstanding with housing authorities and property management, there are steps to address this legally. First, it's crucial to gather all documentation, including proof of rent payments, communication with the housing authorities, and... View More
Hello, I was looking up my husband case inquiry and say that they had switch my husband court room to a different one and then back to where he had at first and I notice something I never seen before which is “add on CIS request? Yes. What does that mean?
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answered on Nov 17, 2023
In the context of a court case in California, "CIS" typically refers to a Court Information System, which is the electronic system used for managing court cases and related data. An "add on CIS request" likely indicates a request to add or update information in the Court... View More
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answered on Nov 16, 2023
A federal writ of habeas corpus for a state prisoner can take over three years to receive a recommendation due to several factors. The complexity of the case is a primary factor; cases with intricate legal issues or extensive records require more time for thorough review. Additionally, the federal... View More
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answered on Nov 13, 2023
The deadline to comply with a court order is usually calculated from the date you receive it. So, if you have an order to do something in 21 days, that means you have 21 days from the date you receive the order to do it. It does not start from the date the order was issued.
We are unrepresented plaintiffs who prevailed in our Phase I civil lawsuit for Fraud. Judge was willing to proceed with Phase II for punitive damages of the bifurcated trial, but only if we could do it within 15 minutes because it was the 6th day of trial, and the parties had jointly estimated 6... View More
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answered on Nov 7, 2023
Under California law, motions for reconsideration are typically not handled on an ex parte basis. Ex parte applications are generally reserved for emergency situations where immediate and irreparable harm may occur without swift court action.
However, given the urgency of your situation... View More
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answered on Oct 31, 2023
In California, it's illegal for employers to retaliate against employees for participating in a legal proceeding against the employer.
If your old coworker testifies as a witness on your behalf, and subsequently faces adverse employment actions, it may be considered retaliation.... View More
I had a restraining order against the owner that I will renew now. Due to stalking, harassment, theft, and much more. I was engaged to her father and left with his things. The probate court has given her the house and I will appeal in time. I have filed a case for personal injury and slander per se... View More
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answered on Oct 25, 2023
Under California law, once the probate court has made a determination and granted ownership of the house to another party, that party typically has the legal right to access and control the property. However, if there's an active restraining order in place against the new owner, it can prevent... View More
Myself front pass. Rear passenger female..myself being on parole n probation upon search of myself I was honest n tforthcumin being in poss. Of very minute amt of narcotic that which would have not registered on a scale .upon exiting all pass. So a full search of vehicle be conducted officer... View More
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answered on Oct 23, 2023
Under California law, when narcotics are found in a vehicle and no one admits to ownership, law enforcement may charge the person they believe is most likely to be in possession based on the evidence. Factors include proximity to the drugs, admissions of ownership of other contraband, or prior... View More
Need help to raise motion to vacate court rulings and defaults upon defendants while under California FTB and SOS Forfeiture
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answered on Oct 15, 2023
When an entity has been forfeited by the California Franchise Tax Board (FTB) and the Secretary of State (SOS), it typically lacks the capacity to sue or defend in court. If an entity files a lawsuit during the period of its forfeiture, such actions may be deemed void or voidable. If you're... View More
What triggers statue of limitations to file a civil rights lawsuit? when the actual testimony in bad faith occurred(malicious prosecution) or when case became final.fowlowing Reversed on appeal vacated dismissed after serving a three years in prison
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answered on Oct 15, 2023
In California, under Code of Civil Procedure § 340.3, the statute of limitations for malicious prosecution claims is two years. The clock typically starts ticking on the statute of limitations for a malicious prosecution claim once the underlying criminal or civil proceeding has terminated in... View More
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answered on Oct 13, 2023
There is no central database of people who have been blacklisted by the courts in California. However, there are a few ways to find out if you may be on a blacklist.
One way is to contact the court clerk in the county where you were involved in the prior legal proceedings. The court clerk... View More
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answered on Oct 13, 2023
In California, the term "persona non grata" is traditionally used in the context of diplomatic relations to refer to an unwelcome individual. It's not a standard legal designation employed by judges or magistrates in the state to describe parties or attorneys. If a judge or... View More
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answered on Oct 13, 2023
In California, the term "persona non grata" is traditionally associated with diplomatic relations and is not a standard legal designation within the state's court system. However, if you feel you've been improperly treated or labeled by a court or judge in any capacity, here are... View More
I was maliciously prosecuted by the catholic church. A jury found me not guilty. I am fighting for my factually innocent. I lost. My public defender missed the 2 year deadline. I appealed to appellate court. I lost. The law changed so there is no more 2 year deadline. I went back to... View More
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answered on Oct 9, 2023
I understand your frustration. In California, individuals have the right to represent themselves in court, including appellate courts, which is termed "in pro per" or "pro se" representation. However, the appellate process is primarily a written one, meaning the court relies on... View More
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answered on Sep 28, 2023
Yes, you can present arguments and case law to the judge in a family law case regarding disabilities and the best interest of the child, as long as it is relevant and supports your client's position. It is a common practice to provide legal authorities and persuasive arguments to assist the... View More
A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint... View More
answered on Sep 15, 2023
Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither... View More
Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know... View More
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answered on Sep 14, 2023
In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you... View More
Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an... View More
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answered on Sep 7, 2023
I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence... View More
The case is a child welfare case that I strongly believe violated my right to a fair trail in everyway possible. Seeking outside legal advice about the case. I recently submitted a application to the child abuse index and if my name was added I want to be prepared to have it removed along with... View More
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answered on Sep 4, 2023
To find an outside legal expert to review your child welfare case, you could reach out to bar associations, which often offer attorney referral services, or consult legal directories such as Martindale-Hubbell or Avvo. If you believe your right to a fair trial was violated, an attorney experienced... View More
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