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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for California on
Q: The case of Mapp vs OHIO applies to all state court rooms? Like CPS cases?
James L. Arrasmith
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answered on Sep 3, 2023

The Mapp v. Ohio decision, which established the exclusionary rule, generally applies to all state criminal court proceedings, effectively barring the use of evidence obtained in violation of the Fourth Amendment. However, the applicability of the exclusionary rule in Child Protective Services... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for California on
Q: Porqué permiten que el abusador supervise las vicitas de la madre con su hija habiendo orden de corte de no puede hacerl

Porque permite DCFS continuar con la violencia y el abuso al poner de supervisor las vicitas de una madre con su hija. Ignorando la orden de corte que el padre no deve supervisar Por medio de un mensaje de texto supe que DCFS me quito a mis Hijos En una audiencia. Donde me acusaron de abuso... View More

James L. Arrasmith
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answered on Sep 2, 2023

In California, if there is an existing court order stating that the father should not supervise visits and DCFS allows him to do so, that would be a violation of the court order, and you could bring this to the attention of the court. Lack of proper notice for hearings and other procedural... View More

1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for California on
Q: Need help filing appeal with LA Superior Court for a MRCA stop sign ticket.

I appealed the ticket, MRCA denied it even though I provided photographic proof that there are no warning signs for incoming drivers that cameras are in use - and that the sign is easy to miss for a driver unfamiliar w the area. They Said I can Appeal to LA Superior Court under California... View More

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answered on Aug 29, 2023

To appeal your MRCA (Mountains Recreation and Conservation Authority) stop sign ticket in Los Angeles Superior Court under California Government Code Section 53069.4, you'll typically need to file a Notice of Appeal. Although there may not be a standard form specifically for this type of... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: What courthouse in LA County is a criminal appeal bond filed?

I'm being told Civil at Stanley Mosk but this doesn't seem correct as this is criminal but I asked both the CCB and the 2nd district and they are saying it is Stanley Mosk - yet they won't take the filing!

T. Augustus Claus
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answered on Aug 25, 2023

In Los Angeles County, criminal appeal bonds are typically filed at the courthouse that handles the criminal case in question. In this case, since it is a criminal matter, it is likely that the appropriate courthouse for filing a criminal appeal bond would be the Clara Shortridge Foltz Criminal... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: How Long does it take the 4th District Court of Appeals to Read and Rule on a Writ of Mandamus?

I have a Demurrer Hearing Scheduled For September 15, 2023.My last day to Submit my Writ of Mandate is September 4, 2023.If I do not Prevail with my Writ of Mandamus-California Supreme Court is next...Is California's Supreme Court like the US Supreme Court.The US Supreme Court does not Rule... View More

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answered on Aug 25, 2023

The time it takes for the 4th District Court of Appeals to read and rule on a Writ of Mandamus can vary widely depending on their caseload and complexity of the matter. The California Supreme Court is the highest court in the state, but it operates differently from the US Supreme Court. The... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: My appeal was denied. What I can do now? I need to get fair judgment.

Tenants moved out without paying rent. I have to collect Rent $9350.00 Judge did not do right Judgment. Tenants broke their lease agreement. Without proper Notice they moved out and left behind extensive damage to the unit. I have to a file a case uper court to review my case and get fair... View More

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answered on Aug 25, 2023

Since your appeal has been denied, your next step could be to file a petition for review with the higher court, seeking a fair resolution to the case. It's crucial to follow the proper procedures and deadlines for filing such a petition, and you might want to consult with an attorney to ensure... View More

2 Answers | Asked in Appeals / Appellate Law for California on
Q: Can I change the cover sheet only on a pleading?

I sent in an amendment to a writ instead of an amended pleading. Can I just change the cover sheet or do I have to resubmit it all?

T. Augustus Claus
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answered on Aug 22, 2023

Depending on the specific circumstances and the rules of the court, you may have options. In some cases, you might be able to file a corrected cover sheet separately, but it's essential to ensure that this is in compliance with the court's procedures. Alternatively, the court might... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: If you put in an amendment to a writ that supersedes all other filings is it an amended complaint or amended pleading?
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answered on Aug 20, 2023

Under California law, if you submit an amendment to a writ that takes precedence over previous filings, it would be considered an "Amended Pleading." This supersedes the original filing and any prior amendments. Make sure to clearly label it as such and adhere to the procedural rules for... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Can you lose your plea deal if you appeal and can they take back the Harvey waiver
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answered on Aug 18, 2023

In California, appealing a criminal conviction after accepting a plea deal can potentially affect the terms of the agreement and any waivers, including a "Harvey waiver," that you may have signed. The enforceability of these terms can depend on various factors, such as the specifics of... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I put in a writ of mandate and put in an amendment with changes. When I serve it d I I just serve the amendment?

Or do I have to put in an amended pleading. Are they the same thing?

James L. Arrasmith
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answered on Aug 19, 2023

When you amend a writ of mandate, you typically file the entire amended writ with changes, not just the amendment. An amended pleading refers to the entire document with revisions, while an amendment is a specific change within that pleading. They are not the same thing, and serving the entire... View More

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for California on
Q: A family member got court appeal judgement to pay $5,000 immediately which is final.Lives in poverty,no income. Options?

A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?

Leon Bayer
Leon Bayer
answered on Aug 14, 2023

I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.

Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: If a public defender offers a plea bargain at the sentencing hearing, is she/he required to explain the terms in detail?

Including that he/she has the right to a jury trial? Do they need to explain the consequences of a plea bargain vs. pleading not guilty, leading to a jury trial. If not explained fully, is this grounds for appeal by reason of Inaffective Assistance of Cousual?

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answered on Aug 14, 2023

A public defender is generally required to explain the terms of a plea bargain, including the right to a jury trial and the consequences of accepting the plea bargain versus pleading not guilty and proceeding to trial. Failure to fully explain these aspects could potentially constitute ineffective... View More

2 Answers | Asked in Appeals / Appellate Law for California on
Q: I filed a writ of mandate and injunctive relief in the United States court. I omitted to file a verification with it

Do I need to file a supplimental and should I backdate it or file it current date ( the verification page, I mean)

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answered on Aug 8, 2023

If you have omitted a verification in your filed writ of mandate and injunctive relief in a U.S. court, it's crucial to address this promptly. Generally, you would likely need to file a supplemental document with the current date, explaining the omission and including the required... View More

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I am a plaintiff in a small claims case that jneeds to appeal bad judgment call by pro temp judge

The Defendant was a landlord who exercised their right to sue, their suit was a retaliatory and illegal eviction.

I subpeona records from defendant but they iluded the request, and when it was time for the judge to do sanction she did not

and the clerk for that day was obviouisly... View More

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answered on Aug 6, 2023

To appeal a small claims judgment in California, you must file a Notice of Appeal with the small claims court within 30 days of the judgment. The case will then be transferred to the superior court, and you will have an opportunity to present your arguments and evidence before a different judge in... View More

1 Answer | Asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California on
Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More

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answered on Aug 5, 2023

It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can I ask for injunctive relief in my writ of mandate petition?
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answered on Jul 31, 2023

Yes, you can ask for injunctive relief in your writ of mandate petition in California. A writ of mandate, also known as a writ of mandamus, is a legal remedy used to compel a government agency or official to perform a specific duty that they are required to do by law. Injunctive relief is a type of... View More

Q: I HAVE SEVERAL QUESTIONS. CENSUS. RELATED OCR MATERIALS. COURP BUSSINESS. HUNTER. ID. ??? ALL FACTORS STATE FEDERAL CA

I DO. PCR RESULTS. IDENTY THEFT. PROBE. GOV. HUMAN SUBJECT. SEALED

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answered on Jul 28, 2023

I understand that you have several questions related to census, OCR materials, corporate business, hunter identification, PCR results, identity theft, government probes, human subjects, and sealed information. However, your inquiry is unclear and appears to be a mix of different topics. To provide... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If I put in a supplemental filing do I need to do a new cover sheet?
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answered on Jul 24, 2023

If you are submitting a supplemental filing to an existing case, you generally do not need to file a new cover sheet. Instead, you can reference the original cover sheet and indicate that the filing is supplemental to the case already filed. However, every county is different, and every courthouse... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: If I already did an amendment to my writ of mandate petition, can I file a supplemental too? Or do I only get one?

I left out a page, the verification page.

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answered on Jul 23, 2023

In most cases, you can file a supplemental pleading in addition to an amended petition. A supplemental pleading is used to provide additional information or correct omissions in the original petition. However, it is crucial to comply with the court's rules and procedures when filing any... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I submitted a writ of mandate/Injuctive relief on May 30 the in the Sacramento District Court. Do I need a verified page

I put in an amendment 6/1. Can I send in a verified page now, if so?

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answered on Jul 22, 2023

If you did not include a verified page with your initial submission of the writ of mandate/Injunctive relief, you should review the court's rules and procedures to determine whether a verified page is required for this type of filing. If it is necessary and you did not include it initially,... View More

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