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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Contracts, Appeals / Appellate Law and Civil Litigation for California on
Q: Can we file pre-emptive opposition to Defendant's motion to stay judgement pending appeal?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: The judge said she would of ruled in my favor if I had told landlord I won't pay rent until problem fixed.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for California on
Q: Judge would of ruled in my favor but I wasn't sure I had proof. I found it after I left. I didn't have a lawyer. Appeal?

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

James L. Arrasmith
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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....
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for California on
Q: I need help with a writ of supersedes and a request for an imidate temporary stay

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

James L. Arrasmith
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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:...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Landlord - Tenant for California on
Q: Can I request a fair hearing?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: Appeal Lawyer says everything you say is a lie? But firsts gets my knowledge of issues and email not confidential

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

James L. Arrasmith
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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....
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: How to appeal a disciplinary order that was recommended by an ALJ and was adopted by a California state licensing board

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.

James L. Arrasmith
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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

1 Answer | Asked in Appeals / Appellate Law, Consumer Law, Contracts and Small Claims for California on
Q: Rights of a Plaintiff in Trial De Novo - Small Claims Appeal, if the judgment comes in favor of the Defendant

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I'm serving 2 lwpp sentences for 1st degree murder, fresh from fighting in Iraq 2003 with untreated combat ptsd. Age 20.

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 -

James L. Arrasmith
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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...
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2 Answers | Asked in Appeals / Appellate Law and Real Estate Law for California on
Q: Property bought in 2019,was a typo by the title co and county,filed wrong,and that property was in process of civil case

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

James L. Arrasmith
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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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2 Answers | Asked in Appeals / Appellate Law and Real Estate Law for California on
Q: Property bought in 2019,was a typo by the title co and county,filed wrong,and that property was in process of civil case

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

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 11, 2024

Thank you for your question!

The facts are very vague about the allegations in the lawsuit against you. Are you being sued for fraud because of the error of the title company and county recorder?

The county recorder does not check or review the accuracy of what it is recording....
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1 Answer | Asked in Appeals / Appellate Law, Consumer Law and Contracts for California on
Q: Trial De Novo - Small Claims Appeal: Does the D have to follow CA Rules of Court Rule 8.204 to submit his brief?

In a Trial De Novo - Small Claims Appeal, if the Defendant is not represented by an attorney:

1) is he required to follow California Rules of Court Rule 8.204 “Contents and format of briefs” for submitting his defense documents, exhibits, brief etc. to the judge?

2) What is the... View More

James L. Arrasmith
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answered on Jun 1, 2024

In a Trial De Novo for a Small Claims Appeal in California, if you are not represented by an attorney, you are not required to follow California Rules of Court Rule 8.204 regarding the contents and format of briefs. The rules for small claims court are more relaxed and designed to accommodate... View More

2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

James L. Arrasmith
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answered on May 31, 2024

In a Trial De Novo for a small claims appeal in the Superior Court of California, you need to present your defense and supporting documents clearly and concisely. Start by organizing all relevant documents, including receipts for the $2,000 payment, proof of purchase for supplies, and any... View More

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2 Answers | Asked in Appeals / Appellate Law, Contracts, Construction Law and Small Claims for California on
Q: How does the Defendant need to present his defense and supporting documents in a Trial De Novo - Small Claims Appeal?

No written contract signed by P & D for the repairs on D prop. P did some work without giving any quote based on a verbal agreement that he would accept whatever the insu would pay. P told D that the claim would be 20K but the insu approved 10K. In a week then D had to go out of state. D bought... View More

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

A home building contractor is governed by the Contractor’s State License Law (Bus & P C §§7000 et seq). This law defines a “contractor” very broadly to include anyone who does any work on a building project of any kind. Home improvement projects worth more than $500 must be in writing... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for California on
Q: How to I give court jurisdiction to modify its ADVISORY in an order after hearing?

California: Court found that Plaintiff's CH-100 had no merit. In order after hearing Court ADVISED how Plaintiff should return property to Defendant. Plaintiff did her own thing and did not respond to Defendant's written requests to pick up property. Defendant filed a number of expartes... View More

James L. Arrasmith
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answered on May 28, 2024

Under California law, if you want the court to modify or clarify an advisory in an order after a hearing in a closed case, you would typically need to file a new motion or petition to reopen the case and give the court jurisdiction to address the issue.

In your situation, since the original...
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2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 28, 2024

You can use different software such as Decipher TextMessage, iMazing, PhoneView (Mac), etc. make sure the software insert time, phone number, and other relevant information.

Authentication is usually required by a declaration or other methods.

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2 Answers | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Construction Law for California on
Q: How to print and present text messages on cell phones as evidence in court?

There are numerous text messages back and forth between the Plaintiff and the Defendant.

1) How to print and present all the text messages from cell phones as evidence in court for Trial De Novo - Small Claims Appeal? To take a photo of each text message and print that photo seems very... View More

James L. Arrasmith
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answered on May 28, 2024

Here are some tips for preparing and presenting text messages as evidence in court:

1. Authenticate the messages. You'll need to prove the messages are authentic, not altered or fabricated. Options include having the other party admit the messages are authentic, having a witness who...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Appeals court in USA vs duarte rules that non violent felons CAN own a gun. Can somebody help clarify

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 28, 2024

The Fifth Circuit Court of Appeals did rule in USA v. Cano-Duarte that the federal law (18 U.S.C. § 922(g)(1)) banning felons from possessing firearms could be unconstitutional as applied to some individuals with nonviolent felony convictions. However, this ruling alone does not automatically... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for California on
Q: Regarding ninth circuit court of appeals USA va Duarte decision states that non violent felons can own a gun.

I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?

I cannot find an answer anywhere. I emailed... View More

James L. Arrasmith
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answered on May 26, 2024

The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I pled guilty to CA PC288b1 16 years ago even tho I wasn’t guilty, the victim has recently told people she lied.

She was almost 16 years old at the time and her father told her to do this to get back at me, she told a few people this information recently. Can I reopen this case and finally be set free? I have had my rights restored and it’s been reduced to a misdemeanor but registering and having this show... View More

James L. Arrasmith
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answered on May 23, 2024

I understand that this is a very difficult and painful situation. It's understandable to feel frustrated and want to clear your name, especially if the alleged victim has recently admitted to lying. However, reopening a case after a guilty plea can be very challenging. Here are a few thoughts... View More

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