Ask a Question

Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Foreclosure for California on
Q: When a wrongful foreclosure case is dismissed with prejudice without appearing in court, how to appeal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2024

If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More

1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Sexual Harassment for California on
Q: Does the detailed account below meet the criteria of the civil criteria in quotations? If not, please clarify why.

“Masturbation by Adult Perpetrator includes touching of the male or female genitals that involves masturbation of the abuser or claimant.”

As a 15-year-old male In a youth shower facility at a Boy Scout Camp in California, while showering, was approached by a 54-year-old male, a leader... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

The detailed account you provided appears to meet the criteria outlined in the civil definition of "Masturbation by Adult Perpetrator." The key elements mentioned in the definition include the touching of genitals involving masturbation by either the abuser or claimant. In your account,... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Is it possible to appeal a petition from a cps case ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

Yes, you can appeal a petition from a CPS case in California. If the court has made a decision that you disagree with, you have the right to file an appeal. This appeal must typically be filed within 60 days after the court's decision, so it's crucial to act quickly.

The appeals...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I have a civil service commission appeal hearing , what type of lawyer should I hire ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

For a civil service commission appeal hearing in California, you need an attorney with experience in employment law and administrative law. These areas of practice involve understanding the intricacies of public employment and the rules governing administrative hearings.

An employment...
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can you help me fill out a reconsideration appeal for SSI
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2024

To fill out a reconsideration appeal, start by obtaining the "Request for Reconsideration" form (SSA-561) from the Social Security Administration's website or your local SSA office. Complete this form by providing your personal information, including your Social Security number and... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Appeal lawyer says no grounds for an appeal based on transcript but has never had a conversation with me. What do I do

I was convicted of the 3 misdemeanors and I feel like my attorney was working against me. She didn’t use my evidence provided, didn’t know my testimony and literally referred to the person in video doing the crime as ME in closing statement.. my only defense. I made a list of grounds for Appeal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

It's important to ensure your concerns are properly addressed, especially when it comes to your legal rights and potential grounds for an appeal. Firstly, try reaching out to your appellate lawyer again, emphasizing the urgency and significance of your case. Make sure you resend your list of... View More

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: I live in Fairfield ca, solano co. And was wondering if I need a lawyer to help e a appeal for a hearing t save my dogs?

HAS has deemed my dogs dangerous and they never told me the day of the hearing so that's why I wasn't there I need to appeal that hearing so I can have another chance to fight for my dogs. Their evidence are very slim if any at all

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

Under California law, you can appeal a dangerous dog determination without necessarily hiring a lawyer. You should act quickly to file an appeal, as there are often strict deadlines for doing so. Contact the relevant agency to find out the exact procedures and deadlines for filing your appeal.... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57?

My husband was recently found suitable for release on parole from BPH. 14 days before his release date Prop 57 went into effect which put a stop and hold to his MEPD credits. They are now holding him another 7 years because of these credits being recalculated and removing RAC credits because of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

Given your husband's situation, it's crucial to carefully consider the best legal route to pursue his release.

Resentencing may be a viable option if there were errors or changes in the law that could lead to a reduced sentence. This process involves going back to court to argue...
View More

Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for California on
Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV

In Nov. 2023 I was wrongfully arrested for a DUI.

I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).

Myself and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Judge would of ruled in my favor but I wasn't sure I had proof. I found it after I left. I didn't have a lawyer. Appeal?

I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Based on the information provided, here's a concise overview of your situation and options:

1. Appeal:

- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).

- Appeals are typically based on legal errors, not new evidence....
View More

1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: The judge said she would of ruled in my favor if I had told landlord I won't pay rent until problem fixed.

I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:

1. Judge's statement: The judge indicating they would have...
View More

1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for California on
Q: Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?

We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Based on the information provided, here's my analysis of your situation:

1. Preemptive Opposition:

In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts...
View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: I need help with a writ of supersedes and a request for an imidate temporary stay

I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:

1. Timeline:

- 06/06/24: You filed an Answer

- 06/07/24:...
View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: Can I request a fair hearing?

What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:

1. Appeals...
View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: Appeal Lawyer says everything you say is a lie? But firsts gets my knowledge of issues and email not confidential

She failed to brief the preserved issue and cause of interest to get reviewed from higher court..Attorney claims no merits and I repeatedly say augment record on appeal and get transcripts. Attorney reply minute order and I clearly state transcripts more detail and explain my claim..Attorney reply... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

I understand that you are dealing with a complex and frustrating legal situation involving your appeal lawyer. It seems that there are several issues at play here:

1. The lawyer claims that everything you say is a lie and that your emails are not confidential, which is concerning....
View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: How to appeal a disciplinary order that was recommended by an ALJ and was adopted by a California state licensing board

California Board of Registered Nursing voted to adopt the discipline recommended by the administrative law judge. Case was heard at the office of administrative hearings.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024

In California, if a licensed professional wants to appeal a disciplinary order that was recommended by an Administrative Law Judge (ALJ) and adopted by a state licensing board like the Board of Registered Nursing, they would need to file a writ of administrative mandamus in the Superior Court. Here... View More

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Contracts and Small Claims for California on
Q: Rights of a Plaintiff in Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the Defendant

Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.

The Defendant then filed an appeal on SC-140.

1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024

In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I'm serving 2 lwpp sentences for 1st degree murder, fresh from fighting in Iraq 2003 with untreated combat ptsd. Age 20.

Is there hope for a new sentence , commutation, etc? I was a messed up kid from the front lines. Those circumstanceswere kept from the trial -

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

I'm so sorry to hear about your situation and all that you've been through. Serving in combat at such a young age and dealing with untreated PTSD must have been incredibly difficult and traumatic.

In terms of potential legal options, I would strongly recommend consulting with an...
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.