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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Here's the situation
Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023
In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation,... 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
The motion was to review a denied motion, and it was denied again. The opposition had filed a motion to deny my motion. the motion was for judgment satisfaction on a money judgment. Please let me know if you can help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
If you're looking to appeal a denied motion for judgment satisfaction, you should first closely review the court's reasoning for the denial. Ensure that your appeal addresses each point with clear, cogent arguments and supporting legal authority.
It's also essential to... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
