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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Landlord - Tenant for California on
Q: Can a county clerk give the papers I dropped off for filing to a judge who then renders a decision without my knowledge?

I was attempting to get my papers filed to then serve on the other side. I dropped them off for filing. I was put off 3 days with the reason "they are not ready". When I explained I just wanted to have them filed to then serve the other side, they had no explanation. They gave them to a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

It depends what it is. If you filed for a restraining order, then many counties will set a hearing re: temporary orders. I'd say however the most common practice is for the court to make a determination regarding issuing temporary orders based solely on the papers. Speak with a local attorney... Read more »

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for California on
Q: I would like to start a civil case, which is the opposite of a small claims, a big case. How do I hire a lawyer?

I have been calling lawyers and no lawyer wants to take the case. Could I get the court to hire me a lawyer? How is it done? How can I get a lawyer that will take no money upfront, but takes money after the case has been won?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

You're looking for an attorney who'll take your case on a contingency. You'll need to keep contacting lawyers to find someone to represent you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship.... Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: What happens when I lose a civil court case?

What are the maximum amount of losses if I lost a civil court case? What is the maximum amount of money that I need to put in, for a civil court case?

Charles William Michaels
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Charles William Michaels
answered on Sep 22, 2022

Strange question. It depends on how much the plaintiff sues for, if s/he wins that amount it's a win for the plaintiff.

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1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for California on
Q: Can I appeal test results for the psi exams firearms assessment.

Is there a way to appeal test results with an in-person exam?

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

More information is needed. Speak with a gun rights attorney near you. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Need advice on filing an appeal on my Marvin vs. Marvin case

I lived together with a lady for over 30 years. I filed a lawsuit to get my right to the property based on Marvin vs, Marvin law. I lost my case because the judge ruled that the relationship was romantic. I need to discuss my case to determine my grounds for appeal. During our living together ,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Speak with an attorney handling appeals then. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

If the settlement was not put in writing, signed by both parties, and you made clear to the judge that you did not in fact agree to the settlement number the other side agreed to, then there is no enforceable settlement (i.e. no meeting of the minds with regard to the terms of the settlement).

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2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law and Business Law for California on
Q: Is an oral settlement agreement resulting from an MSC enforceable in California? 664 should not hold, correct?

During a settlement conference I had a momentary lapse of judgment and agreed with what my lawyer was telling me (to settle my case). He actually tricked me and then blamed me for not communicating with him (lie). At the end of the day the judge went back to the other party and they accepted our... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

It depends. I've had judges state the parties have reached an agreement, and put the terms of the agreement on the record and in the minutes. Even when this has happened, it was stated the parties would sign a settlement agreement memorializing what had been agreed to. Speak with a local... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: I was charged with Arson last year and made to register and take a strike with jail time. Is there a way to appeal this

I was suicidal when I set the fire and drinking. The cops did not report this when they charged me and my public defender didn't help me purse mental health court when I expressed that I suffered from mental health issues. I pled guilty not knowing about the option of mental health court and I... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed, such as when you pled guilty and the facts and circumstances surrounding your guilty plea. Say nothing more here, but speak with an attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an... Read more »

1 Answer | Asked in Employment Law, Appeals / Appellate Law and Gov & Administrative Law for California on
Q: If the available record cannot prove I did anything wrong, is it enough to prove my boss was wrong to fire me?

I was punished and fired because I was alleged for some wrongdoing. This case is under judicial review now.

My questions are:

1, Do I need to prove that I was innocent? Or I just need to point out that the available evidence in the administrative record cannot establish that I did... Read more »

Neil Pedersen
Neil Pedersen
answered on Aug 15, 2022

I am sorry but your question cannot be answered without more that needs to be known. You talk about an administrative record that suggests you may have been a government employee and you are going through a trial following administrative proceedings related to your termination, but there are other... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: I was denied services by dhfs for family reunification by a judge In butte county. I am seeking help filing for relief

I need to file a writ for violation of my civil rights to parent my child , to be referred to cps for services ro preserve family reunification and an opportunity to regain custody of my child. I have not been given my right to due process and was not served. The judge also did not charge guarsians... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Aug 8, 2022

You need a good civil rights lawyer to assist you.

Prepare a chronology of the events, list all the witnesses (both good and bad), telling the story of what has happened to you. Gather all the supporting documents you have, make copies of them all, and take all that to the lawyer you find....
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Q: Open Active WC Case in California Relocated South East State. Attend a Pain Mgt. From 2013 to 2019.

I Ask Should I have Got Paid for My On Going Severe Neck Injury? After Neurosurgeon Surgery Did Not Work and Caused Me New Problems. Findings Cervical Myelopathy and Other New Problems. They did Not Pay Me for All these Years. My Counselor Told Me because I Could Not had Received Social Security... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Jul 14, 2022

It appears to me that your so called "counselor" gave you really bad advice. You may have been entitled to collect from every disability source for all your injuries and/ or disabilities simultaneously. You need to file all your claims immediately.

My advice is that you contact a...
Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is the failure of the prosecution to identify a primary target in a killzone instructions case be enough to reverse?

-In 2011, a Man was convicted of 4 attempted murders.

-Its a shooting in which nobody sustained an injury, nobody got hit.

-Prosecution introduced the killzone theory.

-Prosecution did not identify who the primary target was.

-Would this, in theory, be sufficient... Read more »

John Karas
John Karas
answered on Jul 13, 2022

No. Also, the time in which to file an appeal has already expired years ago.

1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: attempted murder adding and abetting. the Kill zone theory and the natural probable consequence ( are the same?for 775

Can the kill zone theory ( error)

Apply for sb 775 if so how?

John Karas
John Karas
answered on Jun 9, 2022

If you were the defendant, charged and convicted of the attempted murder/aiding and abetting the same, ask your lawyer.

If not, read SB 775. It provides a mechanism for filing a petition to have the conviction modified provided it is not final to challenge the its validity by appeal to...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Where can I find a pro bono criminal appeal attorney to take my husband's case
Dale S. Gribow
Dale S. Gribow
answered on May 31, 2022

I WOULD START BY ASKING THE LAWYER WHO REPRESENTED HIM IF HE KNOWS ANY IN YOUR COMMUNITY.

DID YOU ASK THE PUBLIC DEFENDERS OFFICE?

2 Answers | Asked in Appeals / Appellate Law and Federal Crimes for California on
Q: I have filed an an ineffective assistance of Counsel on my federal case. What happens next
Vikas Dhar
PREMIUM
Vikas Dhar
answered on Apr 4, 2022

It all depends on what type of document you have filed; is it a 2255 motion? If so, then the court will docket your motion and allow the government and your attorney sufficient time to respond. Depending on the nature of your claim, the government (or the court itself) might reach out to your... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: what is a remittitur ? Issued by an appellette court?

Asked the appellete court to review my case and certifiy it. In California. Not sure what is a remittitur? I lost and don't know how to appeal. There is no help for appellete court.

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2022

A California attorney could advise best, but your question remains open for three weeks. In general, a remittitur is court ruling to reduce the dollar figure for damages granted by jury. It comes up in civil cases (example - bringing down the award in a personal injury case).

If you are...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I was charged with willful deliberate premeditated attempted murder on a peace officer

I was convicted of attempted murder without premeditation on a peace officer. Is that second degree attempt murder?

Dale S. Gribow
Dale S. Gribow
answered on Feb 8, 2022

much more info is necessary.

if you were convicted, then you had a lawyer.

that attorney has all the info and is in the best position to provide an accurate answer.

most lawyers are honest with their clients.

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