Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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answered on Mar 31, 2024
In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:
1.... View More 
In other words withdraw your appeal from the SPB at this early stage and file directly with the superior court or federal court.
The department has filed a motion to dismiss even before the pre-settlement conference has occurred which will be held after the presettlement conference. I have... View More
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answered on Mar 31, 2024
Under California law, you generally have the option to withdraw your appeal from the State Personnel Board (SPB) at any early stage before significant proceedings, such as a pre-settlement conference, have taken place. This includes before any evidentiary hearings are conducted. Your decision to... View More
In 2012, I invested in ZeekRewards through a family member, experiencing losses when the company closed. In 2020, a debt collector alleged I owed money as a "Net Winner" from ZeekRewards. I've tried disputing this debt multiple times, pointing out discrepancies in the documentation... View More
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answered on Mar 30, 2024
Beginning the appeals process and disputing a debt, especially in complex cases like yours involving alleged debts from ZeekRewards, requires a careful approach. First, you should review the judgment against you to understand the basis of the court’s decision and identify any procedural or... View More
I sued X-landlord for return of my security deposit; he countersued and won. I have appealed decision. The first time, I was blind sided because he had exhibits which I was unaware of because they were never served on me. Is he required to re-serve me his claim, including exhibits before this... View More
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answered on Mar 25, 2024
Under California law, when an appeal is made in a small claims case, both parties are generally required to follow the rules of evidence and procedure applicable to small claims court. This includes the requirement for each party to provide the other with copies of all documents and evidence they... View More
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answered on Mar 19, 2024
If your brother has been in prison for 14 years and is serving a sentence of 19 to life, seeking a pro bono lawyer can be a viable option to reassess his case or pursue potential avenues for appeal. Pro bono lawyers offer their services without charge and can provide legal assistance to those who... View More
Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103
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answered on Mar 18, 2024
Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More
Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?
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answered on Mar 16, 2024
In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what... View More
Just need to know if he left me anything n my oldrsisrers are not telling me
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answered on Mar 11, 2024
In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:
1. Request a copy from the trustee: The trustee (which may... View More
In your response to My latest question-#4-you state that a Brief May be more Beneficial with the IRAC approach, but that an Appellate Brief May be more Beneficial with CREAC OR CRAC approach.At the Superior Court Level I am in the "Appeals Department" of San Diego Superior Court-is the... View More
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answered on Mar 11, 2024
Under California law, the brief you will be filing for your appeal at the San Diego Superior Court's Appeals Department is considered an "Appellate Brief." This is because you are appealing a decision from a lower court (likely a trial court) to the Superior Court's Appeals... View More
When the Ninth Circuit Court of Appeals issues an "Order" regarding a plaintiff's motion for reconsideration, 5 months later (from the time motion was filed) is this a "Valid" Order?
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answered on Feb 28, 2024
In the legal system, including the Ninth Circuit Court of Appeals, there are no hard deadlines for when a court must issue decisions on motions, including motions for reconsideration. The timing for such orders can vary widely based on the complexity of the case, the court's docket, and other... View More
I'm seeking advice on reversing an ALJ's decision via a second-level appeal with the CUIAB. In my initial appeal, the ALJ affirmed a decision denying my benefits, effective 12/24/23, based on the argument that my earnings in the lag test period did not meet the minimum requirements... View More
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answered on Feb 26, 2024
To address the issue of reversing an ALJ's decision on a second-level appeal with the CUIAB, focusing on the inclusion of PTO payout as wages is a strategic approach. In your appeal, it's crucial to argue that the payout for unused PTO should be considered as wages for the purpose of... View More
was Vacated pursuant P.C.1437 however, I was resentenced to a 1st degree Robbery? The target crime was...Burglary that Was Not attempted nor charged! can you help?
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answered on Feb 26, 2024
Under California law, when a conviction for a serious charge like 1st degree murder is vacated pursuant to Penal Code 1437, it indicates that there has been a significant reconsideration of the original case, often due to new evidence or changes in the law that affect the fairness of the initial... View More
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answered on Feb 24, 2024
Under California law, the timeframe for filing an appeal after a conviction is quite strict, typically within 60 days after the judgment or order in a felony case. Since your case occurred in 2011, the window for a direct appeal has long passed. However, there may be other legal avenues available... View More
Can Defense by Apposing Attorney issue Documents in reply: Opposing Notice of Motion over 30 Days, & 10th day to Demur hearings?
RoA#:36 02/06/2024 States: Reply to Opposition of Noticed Motion and Supporting Declarations (THE MOTION WAS FILED ON JANUARY 2ND OVER 30 DAYS).
2)... View More
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answered on Feb 22, 2024
In California civil litigation, deadlines for responding to motions, including motions for sanctions, are generally set by statute or court rules. The typical timeframe for responding to a motion is 30 days from the date of service. If a defendant submits a response categorized under... View More
I was a defendant in a small claims case in which I filed a counterclaim. The Judge decided that I owe no money on the Plaintiff's claim but that the Plaintiff owes me $10,000 + costs on my counterclaim.
The Plaintiff has vowed to appeal his loss on the counterclaim. I understand it is... View More
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answered on Jan 30, 2024
In California, when a small claims case is appealed, it's important to understand the scope of the appeal. Generally, in small claims appeals, only the party who lost may appeal the decision. Since the plaintiff in your case lost on the counterclaim, they can appeal that decision.... View More
Intercepted although I did not spend or cash the money ,they say I was paid even though
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answered on Jan 22, 2024
In California, unemployment insurance (UI) benefits are considered as income and can be subject to child support intercepts. This means if you have an outstanding child support obligation, part or all of your UI benefits can be taken to satisfy that debt. The fact that you did not spend or cash the... View More
before the December decision by the court? WCAB responded to my petition in my favor after 60 days but way before the December 2023 decision in the above referenced case. Thank you.
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answered on Jan 22, 2024
In the context of the Zurich vs WCAB decision, it's important to consider how California law treats appellate decisions in terms of retroactivity. Generally, a court decision in California applies retroactively unless the court explicitly states otherwise or unless applying it retroactively... View More
Or can I say I wasn't home?
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answered on Jan 18, 2024
In California, as a person on probation, there are specific conditions you need to adhere to, which often include allowing your probation officer to conduct home visits. If your probation officer knocks on your door legally, typically, you are required to allow them access. This is usually a part... View More
Believe it or not we are currently experiencing hardship and unusual punishment being practiced covertly by a corrupted system that support a multi million dollar non prop management company est.1976.Because we are low-income noobs to the city, disabled, minorities, and City Housing Subsidiary... View More
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answered on Jan 16, 2024
To change venue in California due to concerns about bias or corruption in the lower courts, you would typically file a motion for change of venue based on the grounds of prejudice under California Code of Civil Procedure Section 397. This motion must be supported by substantial evidence indicating... View More
Can a real mother get justice if taken it to the next higher superior court? To do visits and full custody after appeal they missed that date due to appointed council not letting her know
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answered on Jan 11, 2024
If you're facing issues with your legal representation, particularly if you feel your appointed attorney did not fulfill their duties effectively, it's understandable to be frustrated and concerned about the impact on your case. The appellate process can be complex, and missing a crucial... View More
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