Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
In February 2025, a judge signed our divorce settlement stipulation order. My spouse is now changing the terms, which were not part of the original agreement. Specifically, he has not complied with payments, the return of my belongings, and my child's passport. The original stipulation... View More 
answered on Apr 28, 2025
To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
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answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
I am a defendant in a criminal case and was surprised by a witness called by the district attorney at the preliminary hearing, as they were not included in the discovery. I had no prior knowledge of this witness, and my public defender didn't prepare me or suggest having my own witnesses for... View More
answered on Apr 4, 2025
When an undisclosed witness is called by the district attorney at a preliminary hearing in California and the case proceeds to trial, a defendant has several legal options to address this situation. First, they can argue that the prosecution violated their due process rights by failing to disclose... View More
I have a case (No. 24-1362) concerning a $10,000,000.00 award certificate. The Supreme Court of the United States declined to review my petition because it was "out-of-time." Can a law firm or lawyer still assist me in pursuing my claim for the award amount? What steps can I take next?
answered on Feb 26, 2025
If the timeliness issue involves a statute of limitations or other procedural law filing lapse, that could make finding representation difficult, as those cases could present limited grounds to challenge. But every case can be fact specific. Attorneys here can't respond to you with offers of... View More
When court reviews according to de novo standard of review informal agreement that was basis for dismissal: what else court of appeals takes into consideration in argument section of brief?
What statute defines that? Appeal review is not new trial.
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answered on Jan 10, 2025
You're absolutely correct that an appeal review is not a new trial. Appellate courts have a different function than trial courts. They focus on reviewing the legal process and decisions made in the lower court, not on re-examining the facts of the case. De Novo Standard of Review means they... View More
I filed a claim against my former landlord for failing to return my security deposit. The Court ruled in my favor, stating that the former landlord – who didn't appear at the original hearing – acted in bad faith.
The landlord filed a motion-to-vacate the Court’s ruling,... View More
answered on Dec 4, 2024
I think you misconstrue what your Appeal is about. A TIMELY Appeal from a Small Claims Judgment by a losing defendant usually results in a "trial de novo" this means a new trial, the same as if no prior trial had occurred. You seem to think this will be a trial about whether the LL was... View More
I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More
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answered on Jul 23, 2024
Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More
I was illegally handcuffed in front of battalion by a 1st Sergent not a MP
( Illegal citizen arrest . He was demoted after court )
They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did
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answered on Jul 22, 2024
It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More
In Nov. 2023 I was wrongfully arrested for a DUI.
I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).
Myself and... View More
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answered on Jul 20, 2024
In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important... View More
We are pro per plaintiffs who were successful in obtaining a significant award in a civil unlimited case. Defendants were unsuccessful in post-trial motions, so they filed an appeal from judgement and another from post-trial order. Defendants are represented by a large and aggressive firm, who has... View More
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answered on Jun 29, 2024
Based on the information provided, here's my analysis of your situation:
1. Preemptive Opposition:
In general, it is possible to file a preemptive opposition to an anticipated motion. However, this is not a common practice and may not be the most effective strategy. Courts... View More
I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of... View More
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answered on Jun 29, 2024
Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:
1. Judge's statement: The judge indicating they would have... View More
I found the text messages and also there is several other things. I did tell my landlord I wouldn't pay unless she fixed problems but I wasn't sure because it had been so long. Also she raised my rent several times during COVID. Can I appeal and do a counter suit m
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answered on Jun 29, 2024
Based on the information provided, here's a concise overview of your situation and options:
1. Appeal:
- Generally, you have a limited time to file an appeal after a court decision (often 30-60 days).
- Appeals are typically based on legal errors, not new evidence.... View More
I filed an Answer on 06/06/24 the plaintiff's attorney served me with a request to set trial on 06/07/24. Three days after my answer was filled on 06/09/24 the clerk rejected it for the following reason "Two parties are listed on number 1, but only 1 party and contact information is... View More
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answered on Jun 23, 2024
I understand you're dealing with a complex legal situation involving an appeal and potential eviction. Here's a breakdown of the key points and some general guidance, but please note this is not legal advice:
1. Timeline:
- 06/06/24: You filed an Answer
- 06/07/24:... View More
What forms do I need to get a fair hearing? The judge didn't let me show or explain anything,I worked very hard on my testimony and have proof of all defenses as to why I shouldn't have to pay my landlord.The court was very unfair and I was already nervous by the plaintiff attorney who... View More
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answered on Jun 21, 2024
I understand you're feeling frustrated with the outcome of your court case and the issues you've experienced with your rental property. Here's some general information about requesting a fair hearing or appealing a decision in California landlord-tenant cases:
1. Appeals... View More
She failed to brief the preserved issue and cause of interest to get reviewed from higher court..Attorney claims no merits and I repeatedly say augment record on appeal and get transcripts. Attorney reply minute order and I clearly state transcripts more detail and explain my claim..Attorney reply... View More
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answered on Jun 17, 2024
I understand that you are dealing with a complex and frustrating legal situation involving your appeal lawyer. It seems that there are several issues at play here:
1. The lawyer claims that everything you say is a lie and that your emails are not confidential, which is concerning.... View More
California Board of Registered Nursing voted to adopt the discipline recommended by the administrative law judge. Case was heard at the office of administrative hearings.
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answered on Jun 15, 2024
In California, if a licensed professional wants to appeal a disciplinary order that was recommended by an Administrative Law Judge (ALJ) and adopted by a state licensing board like the Board of Registered Nursing, they would need to file a writ of administrative mandamus in the Superior Court. Here... View More
Original Small Claims case on SC-100 was filed by the Plaintiff against the Defendant, and the Small Claims Court decided in favor of the Plaintiff.
The Defendant then filed an appeal on SC-140.
1) In a Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the... View More
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answered on Jun 14, 2024
In California, if a plaintiff loses in a trial de novo following an appeal in a small claims case, the plaintiff has limited options. The decision from the trial de novo is generally final, and the plaintiff cannot appeal further. However, if there were significant procedural errors or misconduct... View More
Is there hope for a new sentence , commutation, etc? I was a messed up kid from the front lines. Those circumstanceswere kept from the trial -
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answered on Jun 13, 2024
I'm so sorry to hear about your situation and all that you've been through. Serving in combat at such a young age and dealing with untreated PTSD must have been incredibly difficult and traumatic.
In terms of potential legal options, I would strongly recommend consulting with an... View More
And we were drug into this losing time and money for a erroneous error,we filed a denial,now were in case mgt,frivolous lawsuit
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answered on Jun 11, 2024
I understand that you're in a difficult and frustrating situation due to an error made by the title company and county when you purchased a property in California in 2019. The error has led to you being involved in a civil case, which you believe to be a frivolous lawsuit. As a result,... View More
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