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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: In a CA unlawful detainer case, can the court grant a trial date prior to hearing a demurrer filed by defendant first?

i filed a demurrer prior to the plaintiff requesting a court trial. is there legal statues or laws which require the court to first address the demurrer prior to trial in unlawful detainer

my demurrer is still on schedule for a later date (though filed and set prior to the plaintiff... View More

James L. Arrasmith
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answered on Apr 29, 2023

In a California unlawful detainer case, it is generally within the discretion of the court to grant a trial date prior to hearing a demurrer filed by the defendant. While a defendant may file a demurrer to challenge the legal sufficiency of the plaintiff's complaint, the court is not required... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Buying a car that previous owner never paid off.... wouldnt that be lawsuit not unfair imprisonment?

My friend was arrested and serving time in wasco. i have been trying to figure out how to help him. He bought a car from a friends neighbor not knowing the previous owner (not the one he bought it from) had reported the car stolen, due to non payment. my friend just getting off parole ended up back... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

Because there is a uniform law which requires the owner of a motor vehicle to register title to the motor vehicle in the owner’s name, the key piece of evidence in any theft case involving a motor vehicle is whose name is on the title. Possession of a motor vehicle is not a very good indicator... View More

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Q: What can I do when I've now suffered mental duress, and financial debt, and am facing eviction, due to a late settlement

Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More

James L. Arrasmith
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answered on Apr 25, 2023

It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.

It's important to keep all documentation related to your case and settlement, including...
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1 Answer | Asked in Appeals / Appellate Law, Libel & Slander, Family Law and Civil Rights for California on
Q: i was railroaded by my court appointent lawyer in dependesy court.had a biased commissoner so i appeal the judgement

on fileing a lawsuit on a few social workers ive already filed complients so i need a lawyer that can handle both the cps took my girls for my ex makeing a false report

James L. Arrasmith
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answered on Apr 18, 2023

If you believe that you were not properly represented by your court-appointed lawyer and that the commissioner in your dependency court case was biased, you may have grounds to appeal the judgment. It is important to seek the assistance of an experienced attorney who can help you navigate the... View More

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: I need an instruction of how to appeal the denial os the Writ of Mandate from OC Superior court? I also need a lawyer .
James L. Arrasmith
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answered on Apr 12, 2023

To appeal the denial of a Writ of Mandate from the Orange County Superior Court, you will need to file a Notice of Appeal with the appropriate appellate court within 60 days of the date of the denial order. The appellate court will then review the lower court's decision and issue its own... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I received a hung jury for possession and use of deadly weapon,but was found guilty of attempted murder do I appeal?

I was found guilty for premeditated attempted murder but for the use of and possession of a deadly weapon I received a hung jury...but was still sentenced to life ,do I qualify for resentencing?I'm from Los Angeles County, there was testimony of six people involved but I was only one charged,... View More

James L. Arrasmith
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answered on Apr 9, 2023

If you have been convicted of attempted murder and received a hung jury on the charge of possession and use of a deadly weapon, you may still have grounds to appeal the conviction. It is recommended that you consult with an experienced criminal defense attorney who can review the details of your... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law, Constitutional Law and Probate for California on
Q: Parents not served until 5 months after the start of a guardianship case & never served Final orders. Grounds 4 appeal?

A non parent petitioned for Guardianship intentionally deceiving the Court by claiming unaware of the parents whereabouts. During that time 5 months of hearings and an investigation took place, along with a report being issued with a recommendation favoring the petitioner because the parents were... View More

James L. Arrasmith
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answered on Apr 7, 2023

Yes, the parents' right to due process was violated by not being served from the start and not being served final orders. This is a serious issue, as the parents were prevented from participating in the legal proceedings that affected their parental rights. As a result, they were unable to... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in... View More

Bart Kaspero
Bart Kaspero
answered on Mar 26, 2023

You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... View More

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1 Answer | Asked in Appeals / Appellate Law and Family Law for California on
Q: Can I appeal a guardianship judgemebt

I was denied my petition. I was not able to give my evidence on time. Child's appointed attorney. Was helping for mother not child I wasn't ready. It was not a fair trial at all

James L. Arrasmith
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answered on Mar 24, 2023

Yes, it is possible to appeal a guardianship judgment in California. However, the process for filing an appeal can be complex and time-sensitive, so it's important to act quickly and consult with an attorney who is experienced in appeals.

To appeal a guardianship judgment in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... View More

James L. Arrasmith
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answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: How can I appeal a CTB denial?

The denial states I do not meet the provisions of section 1269.1 B.

James L. Arrasmith
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answered on Mar 15, 2023

If your application for California's Cash Assistance Program for Immigrants (CAPI) has been denied by the California Department of Social Services (CDSS) County Transitional Assistance Office (CTB), you may be able to appeal the decision. Here are the steps you can take to file an appeal:... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: What are my options 182 days post 3 yr CHRO judgement in sf Superior Court?

I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... View More

James L. Arrasmith
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answered on Mar 14, 2023

It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:

Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: pleasz help z my get us chalenge get grencard us im legal us citizen start proces 2008 working status probl pas. c

blok my restart new jobs a carier diskriminace my person blok my servis aa fredom my acoubt stupid manager city bookmy crimme acouynt live black scren fusck schow stupid bosa...my diskrimination my person

blok jobs a aproved benefit a restart new jcarier nex big problem live here... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 4, 2023

i can't figure out what you are asking.

Maybe ask for the assistance of someone else to explain your plights.

it sounds like you may need a local immigration lawyer.

if you can't find someone on this criminal site, google a local lawyer for the area of law, for which you have a question.

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
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Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... View More

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2 Answers | Asked in Adoption, Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Can a parent withdraw consent for guardianship?

My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... View More

Angeles Susi Carrion
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Angeles Susi Carrion
answered on Mar 1, 2023

A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... View More

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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for California on
Q: wrong vehicle identity

hello, I have been mailed an invoice toll for the second time for a car registered in Florida with my same license plate number that I had registered in Virginia (I have a new license plate number and registration for that same car that I own). I've won the first dispute after proving that the... View More

James L. Arrasmith
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answered on Feb 26, 2023

If you have received a toll invoice for a car that is not yours and have already disputed it once, you may want to consider contacting the tolling agency directly to explain the situation and provide any evidence you have to support your claim that the car is not yours. It's possible that... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... View More

James L. Arrasmith
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answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
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1 Answer | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: If I win my appeal case. Can I get my attorney fees covered.?

I'm the employee. I had a wage claim against my employee with the labor board. . I won but not the full award amount that should have been awarded to me. I appealed it. If I win my appeal can I get my attorney fees paid for by the defendent?

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2023

Not in the Labor Board. You would have had to file your claim in court to get your fees.

Good luck to you.

2 Answers | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: May I argue "fraudulent concealment" in an appeal of a wage claim or does that have to be a seperate lawsuit?

Edited

Neil Pedersen
Neil Pedersen
answered on Feb 13, 2023

This site is not a place to get such case-specific legal advice as you are seeking. You really need to get an attorney involved that can be allowed to understand the details of the situation.

I know it will not help you now, but in the future, if you ever again have a wage issue, do not...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: i was sentenced to 4 years and 4 1 year enhancements do i quailify for ca penal code (1171) a or b?
James L. Arrasmith
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answered on Feb 20, 2023

California Penal Code 1171 refers to the calculation of credit for time served in custody. Section 1171(a) allows for a one-for-one credit for time served in actual custody before sentencing, while section 1171(b) allows for a 1.5-for-one credit for time served in a county jail before sentencing.... View More

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