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California Appeals / Appellate Law Questions & Answers

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Timur Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for California on

Q: How do I find appellate judges opinion available online

Timur Akpinar answered on Jun 1, 2019

You could check on the California Court System website. They post published and unpublished opinions in PDF formats. If you have access to one of the commercial legal databases, the high-end ones enable you to cross-reference and search under many different parameters.

Tim Akpinar

3 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: Hello, I'm going thru bankruptcy, my paralegal helped me at the beginning, now she won't respond to me for 1 mth. Help

She has all my legal documents and my tax return. I have tried to get in touch with her various ways, she won't respond. What do I do? How do I get my items back and amend my bankruptcy now? I do qualify for Legal Aid. Who do I call for help.

Thank you!!

Ronald Holland answered on May 14, 2019

When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process.

Amendments to...
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2 Answers | Asked in Employment Law, Antitrust, Appeals / Appellate Law and Banking for California on

Q: Wells Fargo seeking to hire seven new lawyers

Bruce Alexander Minnick answered on May 6, 2019

This is not a Wells Fargo cafeteria job board. This a professional blog where experienced lawyers answer general legal questions from the public about many different situations, such as whether they can sue there bank for intentional fraud and other crimes committed in the name of making more... Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

Q: Why didn't the DA know I wasn't In Prison? And why didn't they help me figure it out? Can they be getting paid for it?

January 4th 2019 I told my Public defender, DA, and judge . PD had his office verify that I was in prison, then told the judge and DA and they didn't know anything about it. I've never been arrested out of Ventura county why wouldn't they know when I've been fighting cases since 2013. Since... Read more »

Dale S. Gribow answered on Apr 14, 2019

MUCH more info needed.

i would think if you have a PD that your questions should be addressed to him or her as they have ALL the facts

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on

Q: Fiancé did time for a case 10 plus years ago, got arrested for a different type of crime did 7 years for. After 2weeks

Of getting out his parole officer put an ankle monitor on him for the previous case he did over 10 years ago. That was not part of his current case nor his conditions. It Never was mentioned by the judge either As his release conditions. His civil rights are being violated by wearing this monitor... Read more »

Dale S. Gribow answered on Apr 11, 2019

MUCH More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear or in which you appeared.

In other words, I am in Palm Springs and you don’t want...
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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

Timothy Denison answered on Apr 6, 2019

Yes.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

Q: Civil Appeal pending. 4/2 served Notice to Vacate. Given 5 days. Unable to meet that deadline. OPTIONS???

Louis George Fazzi answered on Apr 3, 2019

I have so many questions that need answering before I could even attempt giving an opinion. Does the civil appeal have anything to do with being served a 5 day Notice to Vacate (or Quit)? What is the basis of the Notice to Vacate? Unpaid rent? Something else? Options available depend on all the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Probate for California on

Q: Does the surviving spouse have the right to appeal medical bills on behalf of the deceased spouse in California?

If a surviving spouse is responsible for paying the deceased's medical bills then the surviving spouse should also have the right to dispute or appeal medical bills.

Richard Samuel Price answered on Mar 25, 2019

The surviving spouse should file a petition for probate to determine which bills are of the deceased spouse, and which bills are of the surviving spouse. Then, the surviving spouse can reject any improper medical bills of the deceased spouse's estate.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on

Q: Its for a Pn 273.5(a) My wife and I wanted to know?

My wife and I wanted to know what steps we need to take to drop DV probation. Due to our current situation I am unable to pay for my DV Batter classes. If you can please give me a Nolo refrence or any other law book that you recomend to help me out. Thank you very much.

also we got are... Read more »

Dale S. Gribow answered on Feb 13, 2019

MUCH MORE INFO NEEDED.

THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.

S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.

I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.

SEE IF THE...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on

Q: Can the same court hold a new pitchess motion when they have already proven to be bias?

I've had an appeal that I lost. My concern is that the appeal was left back in the same courthouse. Where they have already violated my civil and constitutional rights in my trial. I have all my minute orders, docs, and transcripts. To prove of all there wrong doings. The problem is they never let... Read more »

Dale S. Gribow answered on Feb 6, 2019

i have always had problems in Ventura County too.

they treat lawyers as poorly as some litigants.

why not google legal aid and see what criminal lawyers come up that will handle pro bono or at a reduced fee

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Can my brother have his case reviewed under SB620 gunenhancements, if his conviction was in 1999?

He was convicted of 2nd degree murder w/ 25 year to life gunenhancement in 1999.

Ali Shahrestani, Esq. answered on Feb 1, 2019

Have there been any appeals in the case thus far? Why the delay of 18 years? Habeas appeals law has equitable tolling provisions, but it's very fact dependent. Unless legislation is actually passed and explicitly made to function retroactively, it's considered proactive, as a general rule. More... Read more »

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on

Q: Can I re appeal a criminal case that the appellate denied? For 2 degree robbery it’s been more than 8 yrs

Dale S. Gribow answered on Jan 31, 2019

much more info is needed.

are you saying you appealed to the court of appeals and lost?

i think the best person to ask is the lawyer who last represented the defendant on this matter...as s/he will have all the facts at hand.

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2 Answers | Asked in Criminal Law, Federal Crimes, White Collar Crime and Appeals / Appellate Law for California on

Q: Is there any realistic scenario where the president and/or their cabinet can be adequately prosecuted for crimes?

To my understanding, Congress and the FBI are merely fact finding and while attorney generals can prosecute, sitting presidents or vice-presidents who may replace them if impeached, can simply pardon or grant clemency.

Ali Shahrestani, Esq. answered on Jan 14, 2019

See: https://www.washingtonpost.com/news/democracy-post/wp/2018/08/29/yes-its-possible-to-indict-a-sitting-u-s-president-heres-why/?noredirect=on&utm_term=.0aa521a59207

You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Appeal was reversed and remanded with Direction, lower court conditionally reversed and remanded. What does this mean?

Yes I've appeal my case and appeals court said the Supreme Court reversed and remanded it with directions. Ventura County Superior Court says it was conditionally reversed and remanded. Doesn't Supreme Court overrule Superior Court because as of January 4th 2019 they convicted me of the case and I... Read more »

Ali Shahrestani, Esq. answered on Jan 14, 2019

Who's representing you on appeal, the DA's office? If so, they should inform you about the status of your case. If the appeals court reversed and remanded the decision with instructions to the lower court, that means they reversed the lower court's appealed decision, sent the case back to the lower... Read more »

Q: Hung jury, can the judge find you guilty if your jury was dead locked?

Reading through my transcripts a friend asked if it was a jury trial? I said yea. Then he says I had a hung jury. He also tells me they should of dropped the charges. How did they convict me if my jury was deadlocked? Can a judge go ahead and find me guilty when this happens? There's so much... Read more »

Dale S. Gribow answered on Jan 10, 2019

more info needed

i do not know how that could happen

the best person to ask who would know all the facts is your lawyer.

what does he or she say..............

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Hello is there any new law in California that can help second degree murder find relief?

My brother was sentenced to 65 to life for 2nd degree murder. Doubled due to 2 strikes and 25 to life for gun. Plus 10 years for attempted involuntary manslaughter on a stray bullet that hit the other victim who was also apart of the ordeal in the Hotel room. Arrested in 1999 sentenced in 2004. No... Read more »

Steven McNicholl answered on Jan 9, 2019

There are no new laws that would affect the time sentenced to served in a 2nd Degree murder case

Q: Even if all cases were consolidated? 2012,2013,2015, it took them 6 years to convict me

Is it fair that they can take 6 years to convict me. And there allowed to consaldated everything including the physical abuse? And I can't do anything about it. They told me I couldn't sue them until I was done with my criminal cases. And there is testimony in my transcripts that is missing. What... Read more »

Dale S. Gribow answered on Jan 9, 2019

much more info needed.

this question should be posed to the lawyer who represented you and is aware of all the facts.

it sounds like there would be a ton of info for a lawyer to review and lawyers are going to charge you to do so.

i do not handle this kind of matter.

2 Answers | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Civil Rights for California on

Q: Can the DA only bring his Witnesses to trial, and exclude all of my witnesses? Can they also deny representation?

denied representation, excluded only my witnesses. 12 white people, 1 Hispanic bias, discriminating, DA, Judge, And jury. Couching of witnesses, who were Sheriff's, police brutality, pitchess Motion lied about the officers, using the dates or statute of limitations, to make sure there not liable.... Read more »

William John Light answered on Jan 8, 2019

If these are real issues, your attorney should raise them in pretrial motions or in cross examination. If you don't have an attorney, get one.

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