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California Appeals / Appellate Law Questions & Answers
Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... Read more »

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1 Answer | Asked in Copyright and Appeals / Appellate Law for California on
Q: Our account got terminated by YouTube

Hello, we got a false accusation by YouTube that we submitted abusive legal requests and terminated our account. Tried to reach them but they never response or take any action. Seeking a resolution for legal advise!

Joshua J. Schroeder
Joshua J. Schroeder answered on Jan 7, 2022

Greetings! Here I will discuss only general information regarding the topic you mentioned here. Nothing I express below creates a lawyer/client relationship. I encourage anyone experiencing a de-platforming issue to schedule a consultation with a lawyer that knows this practice area to get the... Read more »

Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

Q: I am a claimant in a probate case. I never received my money.

case is out of los angeles, stanley mosk.

I live in San Diego

Dale S. Gribow
Dale S. Gribow answered on Dec 23, 2021

somehow your missive came up in criminal law section in Palm Springs

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Any pro. Bono lawyers too file a Habaus corpus please.
Dale S. Gribow
Dale S. Gribow answered on Dec 16, 2021

as you probably know there are lawyers that will occasionally do pro bono work but it is not like a court appointing a public defender in a criminal matter.

there is no guarantee a lawyer would be willing to take on a case for FREE.

IT IS OFTEN A MATTER OF THE ISSUE AT HAND AND THE...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: No DNA still convicted what can I do now State Appeals are done. Thx
Dale S. Gribow
Dale S. Gribow answered on Dec 16, 2021

MORE INFO IS NEEDED.

TO HAVE GOTTEN THAT FAR YOU MUST HAVE HAD A LAWYER AND THAT IS THE PERSON WHO WOULD HAVE ALL THE INFO YOU HAVE LEFT OUT.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
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1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Landlord - Tenant and Small Claims for California on
Q: How to file an Appeal for limited civil case in a unlawful Detainer eviction Just cause. Possession of property.

Couldn’t remember if I was supposedly served by summons UD around time I was severely sick or if I found it on my door as landlord had posted 2 violations of lease. Minor noise an corrected it. And stated number two. I asked. They brought number one noise complaint 3 days apart after being a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Filing an Appeal is a technical and difficult task, even for an attorney, and you need to hire one to protect your rights. The problem is that an appeal is a "review of the record" of the trial, and what you are mentioning in your post is the evidence that you should have put on at... Read more »

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: I was notified that i would receive a civil demand but i haven’t gotten anything in the mail? should i be worried?

i also have a court date on october 29th

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Be sure to go to court on October 29, or the Court can rule without you. This does not appear to be an Appeal or Civil Rights case. Contact the people that notified you about the civil demand to see what the status is.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: HOW TO SET ASIDE JUDGMENT THAR WAS FILED IN SMALL CLAIMS COURT ON APRIL 2017 I JUST FOUND ABOUT IT

THE ABSTRACT OF JUDGMENT HAS MY OLD ADDRESS

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Your question is about setting aside a 2017 judgment in small claims court, because you just found out about it. "It" could mean the judgment or the SC case and the situation is different depending on which "it" you are speaking about. Assuming that the judgment was entered by... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Civil Rights and Constitutional Law for California on
Q: Does the California Supreme Court hear all cases ? How to appeal to them?

If I lost in appellette Supreme Court how do I appeal to the CA Supreme Court? Is there any help if I have no money for an attorney ?

It involves the catholic church and my first amendment right. I was prosecuted by the City Attorney and catholic church. A jury found me not guilty. But... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 7, 2021

The California Supreme Court does not hear all cases which are brought to it. The Court decides which cases it will hear, usually based on some criteria which involves state wide policy on issues of compelling importance. Consequently, the odds the state supreme court will accept your case are... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: 422(A) PC UNLAWFUL THREATS WHICH WOULD RESULT IN DEATH OR GREAT BODILY INJURY SURETY $30,000.00

no evidence. was set up robbed of my belongings and imprison.

Dale S. Gribow
Dale S. Gribow answered on Aug 28, 2021

no lawyer can evaluate without a lot more info.

if you are in custody, you will be arraigned shortly and a public defender will be appointed for you if you can't afford a lawyer.

be prepared to share all the facts with someone that will also have a police report.

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Can a homicide detective at the prosecutor's table use different color pens to signal a testifying witness during trial?

This witness was also routinely taken to RJD to visit her husband. After each visit the detectives interviewed her and she had fresh first hand information. In fact, the DA was allowing her husband to testify through his wife. They knew where the information originated, but allowed her to testify... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 16, 2021

Why don't you just share that with the criminal defense lawyer?

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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

Charles William Michaels
Charles William Michaels answered on Jul 12, 2021

First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

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1 Answer | Asked in Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: 4th amendment violation by orange county sheriff's department several times after probation ended in 2012

I've been pulled over multiple times since 2012 being told I'm on probation, I'm on search and seizure and then go to jail for new cases . Now finding out orbeing told by the public defender who called over to the courts who confirmed I've been off probation (this is at central... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

more info needed.

most defendants know how long probation is going to be OR they call their lawyer to find out.

you were in front of the judge when s/he sentenced you and before that, your lawyer told you what the sentence would be if you pled.......AND you probably signed a paper...
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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I try to open a new claim for SDI. MY PREVIOUS CLAIM EXHAUSTED. HAVE 19000 FROM WORKING FOR THIS PERIOD. TO OPEN A NEW

CLAIM THEY SAY THIS IS A CONTINUATION OF PREVIOUS CLAIM I CANT OPEN A NEW CLAIM

Neil Pedersen
Neil Pedersen answered on Jul 3, 2021

You have not asked a question. This Q&A board is not a place where you can ask an attorney to work for you, and it would be inappropriate for anyone to respond to your post with an offer to work for you.

Sounds to me like your answer will have to come from the EDD. I know it is very...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for California on
Q: How could I word my argument in my appellant opening brief?

Q: submitted proof of completion of programs, complied with visitation orders, requested 2 more hours a week judge denies

I’m appealing two cases, one for each of my daughters. I have complied with visitation ordered and submitted proof of completion of all requirements. I’ve been... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

Your argument in your brief could be just like what you said above.

1 Answer | Asked in Consumer Law, Contracts and Appeals / Appellate Law for California on
Q: I received part of the settlement and the attorney has yet to get a hold of me what do I do?

My house burnt down my husband got an attorney they even worked with me into getting a settlement. My husband signed a paper saying that I was to get part of the settlement that his attorneys made him sign. And he already got paid his settlement I have tried to get ahold of the attorneys they will... Read more »

Julie King
Julie King answered on Jun 27, 2021

I would send the law firm a letter by certified mail (so you can prove they received it) saying both your lawyer and you have called the firm on multiple occasions, yet never received a response. Then say something like: this is your final notice that I want the settlement money owed to me and, if... Read more »

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