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California Appeals / Appellate Law Questions & Answers

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 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 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 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.????

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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 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.

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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 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 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.

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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?

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 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...
Read more »

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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...
Read more »

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...
Read more »

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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