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In a Trial De Novo - Small Claims Appeal, if the Defendant is not represented by an attorney:
1) is he required to follow California Rules of Court Rule 8.204 “Contents and format of briefs” for submitting his defense documents, exhibits, brief etc. to the judge?
2) What is the... View More 
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answered on Jun 1, 2024
In a Trial De Novo for a Small Claims Appeal in California, if you are not represented by an attorney, you are not required to follow California Rules of Court Rule 8.204 regarding the contents and format of briefs. The rules for small claims court are more relaxed and designed to accommodate... View More
California: Court found that Plaintiff's CH-100 had no merit. In order after hearing Court ADVISED how Plaintiff should return property to Defendant. Plaintiff did her own thing and did not respond to Defendant's written requests to pick up property. Defendant filed a number of expartes... View More
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answered on May 28, 2024
Under California law, if you want the court to modify or clarify an advisory in an order after a hearing in a closed case, you would typically need to file a new motion or petition to reopen the case and give the court jurisdiction to address the issue.
In your situation, since the original... View More
I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?
I cannot find an answer anywhere. I emailed... View More
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answered on May 28, 2024
The Fifth Circuit Court of Appeals did rule in USA v. Cano-Duarte that the federal law (18 U.S.C. § 922(g)(1)) banning felons from possessing firearms could be unconstitutional as applied to some individuals with nonviolent felony convictions. However, this ruling alone does not automatically... View More
I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?
I cannot find an answer anywhere. I emailed... View More
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answered on May 26, 2024
The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More
She was almost 16 years old at the time and her father told her to do this to get back at me, she told a few people this information recently. Can I reopen this case and finally be set free? I have had my rights restored and it’s been reduced to a misdemeanor but registering and having this show... View More
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answered on May 23, 2024
I understand that this is a very difficult and painful situation. It's understandable to feel frustrated and want to clear your name, especially if the alleged victim has recently admitted to lying. However, reopening a case after a guilty plea can be very challenging. Here are a few thoughts... View More
And showing up on the day of the hearing with evidence I have not seen before? Can I refuse to go ahead with the hearing until they share their evidence in advance?
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answered on May 15, 2024
In small claims court in California, there is generally no formal requirement for either party to share evidence with the other side before the hearing. This is part of the design of small claims court, which is intended to be a relatively simple and accessible process that doesn't require... View More
I understand that a person can appeal a decision or ruling made by the CA DOJ firearms division...what does that entail and how does one do that?
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answered on May 6, 2024
If you want to appeal a decision or ruling made by the California Department of Justice (CA DOJ) regarding firearms, here are the general steps:
1. Determine if the decision is appealable: Not all decisions can be appealed. Check the notice of the decision or contact the CA DOJ to confirm... View More
I had no other details or was ever told anything and the judge granted someone else letters to administrate a unit I have lived in for 10 yrs. I received a notice from the lawyer I had 30 days to move I live in a non profit public housing where it's ran by a board. The board voted me in as a... View More
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answered on Apr 30, 2024
Based on the information you've provided, it seems that you have a complex legal situation involving probate, housing rights, and potential appeal. Here are a few points to consider:
1. Appealing the probate decision: If you believe the judge did not give you a proper opportunity to... View More
What can I do if my attorney had his license suspended after we won the oda from the labor commissioner
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answered on Apr 26, 2024
If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:
1. Find a new attorney: You can seek a new attorney who specializes in employment law... View More
The appeal court made factual errors and reversed the LA superior court's dismissal of my employer's Anti SLAPP motion against my complaint and awarded them attorneys fees. The ruling removed one small element from each claim, but all the claims remain and the damages are the same. The... View More
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answered on Apr 12, 2024
Under California law, when responding to a court order to show cause after an appeal ruling on an Anti-SLAPP motion based on factual errors, the relevance of the appellate court's errors depends on the specific circumstances of your case. Here are a few key points to consider:
1.... View More
I know it should be the last resort and is frowned upon but it’s in place for a reason!
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answered on Apr 4, 2024
In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.
To file an independent action in equity, you typically... View More
If a judgment was entered 82 days ago, but court lacked subject matter jurisdiction because defendant lied about who they are what motions are able to be filed for void judgment? Need to show proof other party lied.
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answered on Apr 4, 2024
In California, if a judgment was entered against you and you believe the court lacked subject matter jurisdiction due to the defendant lying about their identity, you may have grounds to challenge the judgment. Here are the motions you can consider filing:
1. Motion to Vacate the Judgment... View More
proposed judgments) they filed for new trial. One base was newly discovered evidence. We had filed an unrelated suit against other party 3 months AFTER verdict on completely different grounds. Defendants claim this undercuts our credibility and shows our awarded damages are excessive since new suit... View More
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answered on Apr 3, 2024
Based on the information provided, it seems unlikely that the defendant's claim of newly discovered evidence would qualify as grounds for a new trial in California. Here's why:
1. Timing: The new evidence (your unrelated lawsuit) was filed three months after the verdict in the... View More
1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.
The Court here by (above ED) is given reason to substantiate unexpected complications.
Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More
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answered on Apr 2, 2024
Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More
1.First Demurrer was indeed SUSTAINED without leave to amend on #7 Count (thumbs up).
Given rise to the current complications. (Kindly see explaining in prior questions 1 of 3 and 2-3 of 3) descriptions of the crusts of each complications.
Though not ready yet to blame the Court.... View More
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answered on Apr 2, 2024
I understand the frustration in strategizing the case posture given the complications that have arisen in Foster vs Gildred. Let's break this down:
1. First Demurrer: It's good news that your first demurrer was sustained without leave to amend on Count 7. However, this seems to... View More
Our mistake... Court to enter into its ROA the complaint amended.
Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals
to which was denied.
For this otherwise... View More
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answered on Apr 2, 2024
Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.
In general, it is good... View More
Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur on grounds of (we admit) filings of a Demurrer untimely among other less complex appealable conditions.
The COURT served well on... View More
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answered on Apr 2, 2024
Regarding your question on whether the court's bend towards the pro se in forma pauperis status is an appealable cause, it depends on the specific circumstances and rulings.
In general, a court's decision to grant a party in forma pauperis status is a matter of discretion and is... View More
Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of... View More
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answered on Apr 2, 2024
Based on the complex legal situation you've described, it seems there are a few key issues at play:
1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected... View More
There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.
Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More
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answered on Apr 2, 2024
In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More
Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.
The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.
Notes: Granted we demurred outside of procedural rules (abhorrently).... View More
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answered on Apr 1, 2024
Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More
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