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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I received a traffic ticket. Judge scare me into pleading guilty. Can I appeal this ticket?

I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.

Charles William Michaels
Charles William Michaels answered on Feb 11, 2021

Generally not--when a person pleads guilty any appeal rights are waived.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: When will vincent hwang be released after the appellate court ruling?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Soon. Insufficient information for more.

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1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Juvenile Law for California on
Q: How can I appeal a juvenile court jurisdictional hearing before the disposition hearing and get a new judge and lawyer?
David Michael Lehr
David Michael Lehr answered on Jan 26, 2021

Sorry, but that is broad question. You need to talk to the attorney who handled the case and see what your chances are going to be.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Please could someone please tell me if this is a form of colluding? BE HONEST.

Judge: Defense counsel are you going to be mentioning anything about a prior hung jury? DC: I mean your honor and I may say this is not exactly what my client... I do think it’s the best interest that I mean... I don’t really think we should even mention that there was a trail, I believe that... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 10, 2021

the inquiry does not sound like colluding... and if not in the presence of the jury probably proper.

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: The "Motion in Limine" that the Prosecuter / District Attorney has, does the Jury get to view it at any point in time?

The Prosecutor / DIstrict Attorney lied throughout the document - Motion in Limine. I wondered if the jury gets to view that document.

David Michael Lehr
David Michael Lehr answered on Jan 10, 2021

Never.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: I have a dependency court case, I have an appeal in court of appeals, with out my knowledge. I filed a civil case in fed

the dependacy case they took my 3 kids, and suggested I do some services, which will take 6 months. They were taken do to homelessness. I was living in missouri and came to calif to locate my boyfriends familly members to no avail. In the process we had car trouble at stayed in hotels. during which... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 29, 2020

You need an attorney to assist you. You can use Google to search for civil rights lawyers in the Sacramento area. I suggest you do not delay because the deadlines in the federal courts are very strict.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Santa Ana, California what is the law regarding preservation of evidence while the convicted defendant is appealing?

Can the District Attorney or the Law Enforcement Agency release a vehicle from evidence while the defendant is going thru the appeals process? It was a vehicular homicide case and the defendant was charged with 2nd degree murder, implied malice. The case is in the first stage of appeals since the... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 16, 2020

Typically the car will not released until the outcome of the appeal. If there is a stipulation between the defense and the prosecution, sometimes that can speed up the release of the vehicle. Otherwise, they typically wait 60 days after all the appeals are finished before they released a vehicle... Read more »

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Q: Isn’t setting a statewide curfew against this section of the constitution? The people should have the freedom to choose

Choosing between staying home away from the virus if they’re high risk or going out with a friend if both of you recently tested negative. The freedom to go and hang out with a friend should be up to their own Individual person. I would say this falls under the sentence “...enjoy and defend... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

We are experiencing one of the rare occasions when, for health reasons to protect all of us, the government is given the responsibility to make orders such as the present curfew, and we must comply with them. Our individual freedoms mean nothing if this pandemic can kill so many of us without... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: We have to vacate our mobile home by Monday 11/23 can we file an appeal to stay longer?

I have my family who will be on the streets

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a California lawyer. But generally, taking an appeal does not stay the decision or judgment of the lower court or administrative agency. Along with the appeal, a party usually must file a motion to stay. And that usually requires some sort of bond or other security-- with the motion... Read more »

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for California on
Q: Will I win an eviction appeal?

I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I will apply a Notice of Appeal to a judgement in a court trial. The reason is Plaintiff lied during trial.

I want Upper Court to dismiss the judgement againt me, Defendant, because Plaintiff lied that he denied to receive any cash for my debt to him. I have a wittness and judge didn't accept to postpone the trial to call the witness.

In the Notice of Appeal form, I have to explain the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 31, 2020

What you need to do is go to your local law library and to find a set of books called the "Rutter guides". Find the guides about "Appeals" and read about what the grounds for an Appeal are. They will have the code sections for the particular grounds that you want to assert. Or... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is this the FINAL JUDGEMENT? Can I still file an Appeal?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 20, 2020

Unlikely you will get a definitive answer on this public forum, because it requires a review of the documents, for which an attorney charges a fee. You posted again later and I responded to that post. Suggest you read it.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Appeals / Appellate Law for California on
Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 20, 2020

First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 16, 2020

First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What form do I use to file a motion to alter or amend judgment, trial de novo? I am the cross defendant on appeal.

I am the original plaintiff in small claims, the cross defendant on appeal of trial De Novo and it was ruled in my favor in both trials. However, the appeal judge made an error in his judgement on one of my claims that I clearly had enough evidence to prove. It was awarded in my favor by the Trial... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

Preparation of evidence before trial is very important. To me this sounds like you did not provide the de Novo judge with a proper one page summary of your damages with a total, supported by your evidence. You can go to the Judicial Council forms and see about form SC-108. You should attach a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is shooting some one on the buttocks an ankle attempt murder?

I got 80 yrs to life for shooting some one on the buttocks an ankle that's not fair I was charged for two attempts murders

Dale S. Gribow
Dale S. Gribow answered on Oct 2, 2020

not sure what you are asking.

more info is needed.

please consult a local lawyer asap to "try" to mitigate the filing and charges.

2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Kyndra L Mulder
Kyndra L Mulder answered on Oct 2, 2020

A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: The Appellate Court sent me a letter; A turn down letter from the superior Court. appellant Opening brief is due in 30

I did not received can't letter from the superior court; I don't have any idea what is going on with my Civil Case/Wronful Eviction. Please let me know how I can prepare opening brief and the reason why I need to send it, and the step I need to take for the procedures. Thank you!

Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

The rules of appellate procedure are contained in the California Rules of Court. If you are representing yourself, you are charged with the duty and obligation to read them and follow them. Otherwise hire an appellate attorney to assist you with the procedures in your case. Best of luck. This... Read more »

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