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Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... View More
answered on Oct 20, 2020
First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.
Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... View More
answered on Oct 20, 2020
Unlikely you will get a definitive answer on this public forum, because it requires a review of the documents, for which an attorney charges a fee. You posted again later and I responded to that post. Suggest you read it.
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In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... View More
answered on Oct 16, 2020
First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."
I am the original plaintiff in small claims, the cross defendant on appeal of trial De Novo and it was ruled in my favor in both trials. However, the appeal judge made an error in his judgement on one of my claims that I clearly had enough evidence to prove. It was awarded in my favor by the Trial... View More
answered on Oct 9, 2020
Preparation of evidence before trial is very important. To me this sounds like you did not provide the de Novo judge with a proper one page summary of your damages with a total, supported by your evidence. You can go to the Judicial Council forms and see about form SC-108. You should attach a... View More
I got 80 yrs to life for shooting some one on the buttocks an ankle that's not fair I was charged for two attempts murders
answered on Oct 2, 2020
not sure what you are asking.
more info is needed.
please consult a local lawyer asap to "try" to mitigate the filing and charges.
denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.
answered on Oct 2, 2020
A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.
I did not received can't letter from the superior court; I don't have any idea what is going on with my Civil Case/Wronful Eviction. Please let me know how I can prepare opening brief and the reason why I need to send it, and the step I need to take for the procedures. Thank you!
answered on Sep 12, 2020
The rules of appellate procedure are contained in the California Rules of Court. If you are representing yourself, you are charged with the duty and obligation to read them and follow them. Otherwise hire an appellate attorney to assist you with the procedures in your case. Best of luck. This... View More
answered on Sep 6, 2020
more info needed........
it depends.....what were they convicted of? how long ago? on parole or probation? do terms of probation or parole address that issue?
the best person to ask is the person who represented them on the underlying case.
answered on Aug 28, 2020
It sounds like this person is on the road to being declared a "vexatious litigant." Have a glass of wine and relax, you cannot stop them from doing what they insist on doing, you can only defend yourself with a good probate/Civil Litigation attorney. Best of luck to you.
Justia... View More
Received a letter from court. We already paid deposit in the early of June and did not receive any response from court clerk :no estimation of fee, no any response. When I asked court clerk last week, I was told the fee should be paid by e-filing only. The court issue a CIvil Filing Rjection... View More
answered on Jul 22, 2020
Your situation is being affected by the corona virus interference with the court's operations. Here's what you can do. Go to the Superior Court's website for the county in which your matter is filed. On the main page, there should be announcements about the effect of the covid-19... View More
Almost a month ago, a few friends and i went out drinking. we were unaware that the bar was closing earlier than what google said (i presume due to the virus). we all drank and had to leave. None of us were in the condition to drive so we left the car at the bar and went to a hotel. we all thought... View More
answered on Jul 18, 2020
The facts that you have stated do not constitute a legal defense to the citation, IMO.
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I know with a personal attorney cases will get dropped to misdemeanor or lighter charges.
answered on Jul 17, 2020
First, I am not a CA lawyer. That being said, I don't think you can appeal your case because the time window for an appeal has passed.
answered on Jul 14, 2020
You are asking the wrong people. You should be contacting your own attorney for this information, or looking your information up on the Court's website or PACER.
Justia disclaimers below, incorporated herein.
At a trial court for a civil proceeding, if a defendant dies, the onus is on the plaintiff to initiate various actions, these requirements are spelled out in:
1. Probate Codes 550-554,
2. CCP Sections 337.40-377.42, and
3. Part 4 (commencing with Section 9000) of Division 7... View More
answered on Jul 11, 2020
The rules regarding practice before the Court of Appeals are located in the California Rules of Court. They are complex, and there are filing deadlines that are very strict- if you do not file on time, your appeal is dismissed. The Civil Code sections you cite are for the time to bring an action... View More
while being questioned by a kohls investigator, about a stalking incident, def stated he never saw or met the victims b4 said incident. def was arrested for giving a false statement, due to a video survailance showing him talking to victims 2 weeks prior. def. state he sincerely didnot remember the... View More
answered on Jul 9, 2020
Something tells me that you don't have the facts straight. First, a Kohls investigator does not work for the government, so a statement to a private individual is not a statement to the government. Next, your facts indicate that the Court of Appeals considered your arguments about the false... View More
(says 1,000 characters? )
This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.
I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... View More
answered on Jul 4, 2020
more info needed.
i am confused with the facts.
you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.
OR better yet, contact the lawyer who represented you.
s/he will be able to explain what happened and have all the facts.
My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father
answered on Jul 1, 2020
The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... View More
As an indigent appellant of an underlying family law case, I elected to proceed with the clerk's transcript and settled statement in lieu of reporter's transcripts (CRC 8.137). The trial court modified my proposed settled statement and certified the modified statement as an accurate... View More
answered on Jun 22, 2020
First, I am not a California lawyer. But I would file that motion, or a similar motion, in the appellate court, which would call attention to your problem. And if you plan on filing a reply brief, then attach the trial court's modified statement in that brief, and in the reply brief... View More
I was found by an Administrative Law Judge of the AZ Corporate Commission to be a control person responsible for actions by others. ALL testimony was that another person was the sole control person. I never signed, nor agreed to, any operating agreement or other documents that gave me any powers.... View More
answered on Jun 7, 2020
First, I am not an Arizona lawyer. If the AZ appellate rules allow, perhaps you can file a motion for reconsideration to the AZ Supreme Court, asking them to take the case. Aside from that, you have one avenue for appeal left: a writ of certiorari to the US Supreme Court (very expensive and a whole... View More
C.D.C.R is not doing what court have ruled and instructed them to do in this decision but using the excuse that they are waiting for the Ca. Supreme court to make a 2nd ruling. Can c.d.c.r do such a thing? This case is HOLDING. Shouldn't c.d.c.r do what the courts have told them to do... View More
answered on May 27, 2020
First of all, I am not a California attorney. But I would think that the Court of Appeals should follow its decision, perhaps you should file a motion with the Court of Appeals stating that its decision has been on hold for nearly six months, and it's time to enforce it: the CDCR should change... View More
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