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California Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What is the Civil Filing Rejection Letter mean?

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... Read more »

Louis George Fazzi
Louis George Fazzi 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... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for California on
Q: how do i appeal a parking ticket when i was not fit to drive? parked in front of a bar exceeding the time on the sign.

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... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 18, 2020

The facts that you have stated do not constitute a legal defense to the citation, IMO.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I already served my time and my sentence. Can I appeal my cases I plead no contest didnt fight it only to preliminary

I know with a personal attorney cases will get dropped to misdemeanor or lighter charges.

Charles William Michaels
Charles William Michaels 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.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Waiting on an appeal since April last year. Just wondering is there any updates. Cuevas- Figueroa Enrique 9th circuit
Maurice Mandel II
Maurice Mandel II 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.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: California Civil action, Defendant dies. Case is currently in the Appellate Court

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... Read more »

Maurice Mandel II
Maurice Mandel II 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... Read more »

3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: If an appeals court dismisses a charge of stalking, can the counnt of false statement continue as charged and valid

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... Read more »

Maurice Mandel II
Maurice Mandel II 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... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(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... Read more »

Dale S. Gribow
Dale S. Gribow 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.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Support and Public Benefits for California on
Q: I've had money taken from me for A child that's not mine from over 20 years and they're grown I want my money back

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

Chris M. Bradford
Chris M. Bradford 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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: In unlimited civil appeals, if proof of service doesnt exist for the settled statement, is it proper to move to strike?

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... Read more »

Charles William Michaels
Charles William Michaels 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... Read more »

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: How do I appeal a decision not to review my case by the Arizona Supreme Court?

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.... Read more »

Charles William Michaels
Charles William Michaels 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... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Court of appeals held/granted (In Re Mohammed) on 12/2/19 can C.D.C.R not follow ruling pending ca supreme decision?

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... Read more »

Charles William Michaels
Charles William Michaels 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... Read more »

2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: Is it qualified to issue a workplace restraining order?

Broadcom Inc issued a workplace place restraining order to against me. I left the company 3 years ago. I contacted some of my coworkers and managers because my life is heavily disturbed by the manager who wrongly terminated me by cheating the HR in the past three years. And I asked their help to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 19, 2020

I am sorry but no one can know the answer to your question without far more information. However if the court has granted the restraining order, you better not violate it. If you wish to challenge the restraining order you will have to locate and consult with an attorney who can be allowed to... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
Read more »

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1 Answer | Asked in Criminal Law, Real Estate Law, Appeals / Appellate Law and Federal Crimes for California on
Q: Managment of a apartm fordged my signature also they are keeping my deposit un lawfully

Im in orangevale Calif

Dale S. Gribow
Dale S. Gribow answered on Mar 12, 2020

more info needed.

however, your easiest solution is to sue in small claims court.

before filing send a self serving letter setting forth ALL the facts including your previous demands for money and send a copy to yourself. Then attach that letter to the small claims suit.

2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I need help I have to appeal for rehearing after appelate court decided to rule in favor with judges decision of my tpr
George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 21, 2020

What specifically do you need help with?

Filing a petition for rehearing, or opposing one?

Your time is VERY limited!

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: ppl vs Mccart (1982) If someone catches a new case while serving time would they qualify for 3rd time on the new chagre

My boyfriend caught a charge for marijuana while serving time in prison. He has finished doing the time on his controlling case is now doing the time for the marijuana. Dose he qualify to do a 3rd of the time on this charge under 1170b people vs McCart

Dale S. Gribow
Dale S. Gribow answered on Jan 26, 2020

more info needed.

the person you should ask is the lawyer who represented him on his underlying case.

the authorities will make a determination and advise him and or his lawyer.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I am looking for a lawyer to take over my perosnal inju case that was abandoned in appeals

Product liability personal injury breast implants rupture. Strong case with new evidence Whistleblower letters on case briefing schedule is a month away I am in CA and other plaintiff is in MISSOURI. Someone help !!

Tim Akpinar
Tim Akpinar answered on Jan 12, 2020

Don't lose further time awaiting a response; you may get a response here, you may not - this isn't an attorney referral service - it's only a Q & A board. Continue to check here, but get on the phone, Internet, search this site, or use other means and start contacting law firms... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Need info on filling for an appeal of malpractice
Tim Akpinar
Tim Akpinar answered on Dec 31, 2019

Your post remains open for two weeks. There wasn't a question included, but if you are contemplating an appeal, the best thing to do would be to contact a California attorney immediately to discuss the matter without further delay. In virtually all jurisdictions, appeals are often governed by... Read more »

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