Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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
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.... 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
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
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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
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
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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
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
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
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
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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... View More
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
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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