Lawyers, Answer Questions  & Get Points Log In
California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: DA left jurors with witness that left instant negative afterthoughts towards the defendant . Tainted their thoughts

3 different jurors fell asleep at three different times. This case was found guilty be the jurors how dare they fall asleep knowing this defendant was fighting for his life.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed.

have you been convicted?

questions like this should be asked of your private or court appointed lawyer.

1 Answer | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

Paul Martin Vargas
Paul Martin Vargas answered on Oct 8, 2019

Hi. There is the 20-year SOL, but you may have a better way of approaching this matter. If the collection was on an incorrect use of her SSN (Identity Theft), there are ways to prove this to be true and possibly get the money returned.

2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: The BOE levied my deceased mother's irrevocable account left me over two years after her death.

They wrongly linked her to someone else whom used her SS#. Isn't there a statute of limitations for this levy?

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 5, 2019

The SoL is twenty years.

You have to challenge it.

View More Answers

2 Answers | Asked in Tax Law, Appeals / Appellate Law and Constitutional Law for California on
Q: How long would the BOE have to file a levy on an irrevocable trust

The BOE wrongfully linked my deceased mother's SS# to a sales tax matter. over a year after her death they levied the trust account left to me. Is this legal?

David S. Greenberg
David S. Greenberg answered on Oct 4, 2019

The facts as you've described them are quite unusual and an answer to your inquiry would require an investigation and analysis by a skilled attorney with experience in dealing with the BOE, which is now the CDTFA.

View More Answers

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I was on disability for 4 months and when I returned to my job I was fired now I'm being denied unemployment benefits

My past employer says i just abandoned my job but they filled out the form for disability benefits the only thing that changed was the dare to return to work was exstended they recieved documents stating this. But they told unemployment i never even told them i was going on disability

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move right now is to locate... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I wason disability for four months when i retured to work i was fired they said i never informed them about my leave

But that is not true they were sent Disability paperwork that they signed and sent back to my union i have copies and i sent them all the date changes i recieved from my doctor. The problem now is Unemployment says im not eligible to recieve benefits because they say i voluntarily quit or was fired... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer, not just your union, was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move... Read more »

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Civil Litigation for California on
Q: Lost at trial a civil lawsuite in Los Angeles Superior Court!! - Norwalk! What is the deadline after trial to file appea
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Sep 22, 2019

There are several potential deadlines. The most common is "60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled 'Notice of Entry' of judgment or a filed-endorsed copy of the judgment, showing the date either was served." The other deadlines... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Federal Crimes for California on
Q: Hi, I’m looking for a lawyer who will help in a case of stalking and false imprisonment. Can you help me? Thank you

I have all the proof of innocence in this case. Tapes, transcripts, and so forth.

Robert John Liskey
Robert John Liskey answered on Sep 8, 2019

Yes, but I need more details. Can you call me to discuss. My cell number is+16263195817

View More Answers

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Identity Theft for California on
Q: I am seeking a pro Bono lawyer to help with this matter. My family was laughed at as we left the motel also followed

The motel employees and owner treated us like crap and now we are sleeping in my truck. My children are ashamed and disappointed by the treatment and verdict.

Tim Akpinar
Tim Akpinar answered on Sep 6, 2019

I'm sorry for your ordeal here. You could contact the State Bar of California - they have resources for free legal help that you could explore. They are located in the section of their website, "Public." Good luck

Tim Akpinar

Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on
Q: How would I go about making a motion to vacate a judgement renewal in lodi ca?

This judgement is almost 10 years old come sept and they have filed a renewal of judgement. I haven't heard from these people in over 9 years at least. It wasnt on my credit or anything and now they have gone form 2100 to 9000 in jidgement request. How do I get this stopped?

William John Light
William John Light answered on Aug 11, 2019

You don't. They are entitled to renew every 10 years. If you want out from underneath the Judgment, pay it, negotiate a settlement, or file for bankruptcy.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: i was sentenced 2 days ago my attorney talked me into taking plea and he knew i was innocent i must appeal

i am 100 % innocent my attorney told me that if i took deal my son would get released that day if i didn't he was gonna do years and so was i and all i was supposed to get was 52 weeks parenting classes and 90 days workrelease and what i got is 52 weeks child abuse class 180 days workrelease a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 11, 2019

more info needed.

What court are you in?

i assume you had a court appointed attorney. Maybe call for the head PD of that office and explain the facts and what you want to do.

i assume the evidence suggested you or your son committed the crime. if you were successful in...
Read more »

2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Personal Injury for California on
Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?

a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 9, 2019

more info needed.

are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.

you can probably still sue for negligence, battery, intentional infliction of emotional distress etc

is it within 3 years of the incident.????

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Attorney on probation with BAR and screwing up to say the least. What are the responsibilities of the Court to protect?

Need a Malpractice Lawyer?

Kenneth Sisco
Kenneth Sisco answered on Jul 9, 2019

Almost none. Your first line of defense is you. Find another attorney, and have him help you decide if the matter is ripe for a malpractice suit.

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Can my father raise a Cunningham issue during resentencing based on unauthorized sentence even if his case became final?

My father's case became final in 2003 making him unable to raise a Cunningham claim. My father is now going back for resentencing based on he was given an unauthorized sentence on one of his counts. Can he raise a Cunningham issue on the other counts that he was given the upper term on during the... Read more »

Marc David Pelta
Marc David Pelta answered on Jul 7, 2019

More information is needed. I suggest meeting with an experienced attorney to get an opinion. I cannot answer your question without knowing more about the case.

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Probate for California on
Q: I don't know what to do

My stepfather and mother were married 28 years my mother owned her own ompany she had numerous bank accounts stocks bonds life ins she passed 2002 with a holographic will stating in her husband's demise all monies go back to her children my stepfather pass 2016 Intestate as a widower his... Read more »

Richard Samuel Price
Richard Samuel Price answered on Jun 28, 2019

If I understand your facts, your mother died and all of her assets went to your step-father in 2002? Unfortunately, you're not an heir to your step-father's estate and your mother's will is not valid to make you an heir to your step-father's estate.

View More 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
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?
Tim Akpinar
Tim 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
Tim Akpinar
Tim 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
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...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.