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California Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in... Read more »

Bart Kaspero
Bart Kaspero
answered on Mar 26, 2023

You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Family Law for California on
Q: Can I appeal a guardianship judgemebt

I was denied my petition. I was not able to give my evidence on time. Child's appointed attorney. Was helping for mother not child I wasn't ready. It was not a fair trial at all

James L. Arrasmith
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answered on Mar 24, 2023

Yes, it is possible to appeal a guardianship judgment in California. However, the process for filing an appeal can be complex and time-sensitive, so it's important to act quickly and consult with an attorney who is experienced in appeals.

To appeal a guardianship judgment in...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Civil Litigation for California on
Q: What to file if the civil unlimited case was a dismissal if you appeared by zoom in Sacramento court

At the time the mandatory settlement conference was for i clicked the link the Sacramento Ca court clerk sent me in the email because the judge allowed me to appear via zoom and it went to my zoom app and the screen and said waiting for host to start the meeting all day I was waiting and no host... Read more »

James L. Arrasmith
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answered on Mar 21, 2023

If you received a dismissal in a civil unlimited case despite appearing by Zoom and waiting for the mandatory settlement conference, you may have several options for pursuing your case further.

File a motion to vacate the dismissal: You may be able to file a motion asking the court to set...
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2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Domestic Violence for California on
Q: I found portion of original copy of video used against me for CHRO it’s past 180 days what can I do?Too late for appeal?

Can I just send it to the judge?maybe reopen?Motion to reconsider? What can I file after 180 days? Anything? I tried for dvro and No one would help me until he stole everything from me then I found Phillips vs Campbell (2016)have at least 50k in receipts and value from luxury consignment, and so... Read more »

James L. Arrasmith
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answered on Mar 15, 2023

If it has been more than 180 days since the judgment was entered against you, it may be difficult to file an appeal or motion to reconsider. Typically, there are strict deadlines for filing appeals and motions for reconsideration, and if those deadlines have passed, it may be too late to pursue... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: How can I appeal a CTB denial?

The denial states I do not meet the provisions of section 1269.1 B.

James L. Arrasmith
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answered on Mar 15, 2023

If your application for California's Cash Assistance Program for Immigrants (CAPI) has been denied by the California Department of Social Services (CDSS) County Transitional Assistance Office (CTB), you may be able to appeal the decision. Here are the steps you can take to file an appeal:... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: What are my options 182 days post 3 yr CHRO judgement in sf Superior Court?

I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:

Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an...
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2 Answers | Asked in Bankruptcy, Foreclosure and Appeals / Appellate Law for California on
Q: 9th C "show cause why summ affirmation of distrcourt ruling is not appropriate; re:refusal to grant stay of prop sale

manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... Read more »

James L. Arrasmith
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answered on Mar 9, 2023

Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... Read more »

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2 Answers | Asked in Appeals / Appellate Law and Employment Law for California on
Q: Teaching credential will be suspended for 2 months. How can I appeal?

As a principal, I was to attend a training in August 2022 (1 week before the school year started) but after being cleared by superintendent to not having to attend I did not report to school site and stayed home.

James L. Arrasmith
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answered on Mar 8, 2023

If your teaching credential is going to be suspended for 2 months due to your failure to attend a training session, you may be able to appeal the decision. Here are the general steps you can take to appeal the decision:

Obtain a copy of the decision: You should request a copy of the...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: pleasz help z my get us chalenge get grencard us im legal us citizen start proces 2008 working status probl pas. c

blok my restart new jobs a carier diskriminace my person blok my servis aa fredom my acoubt stupid manager city bookmy crimme acouynt live black scren fusck schow stupid bosa...my diskrimination my person

blok jobs a aproved benefit a restart new jcarier nex big problem live here... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear about the challenges you are facing with your job, career, and immigration status. It sounds like you have experienced discrimination and are feeling frustrated with your current situation.

If you are a legal US citizen, you may be eligible to sponsor a family member...
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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
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Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... Read more »

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2 Answers | Asked in Adoption, Family Law, Appeals / Appellate Law and Child Custody for California on
Q: Can a parent withdraw consent for guardianship?

My my brother and his ex girlfriend had a baby a year ago. They are not married and he’s not on the birth certificate. After the baby was born, the mother had a heart conditions, but would not leave the baby in the care of my brother now the caregiver tricked both of them into signing consent for... Read more »

Angeles Susi Carrion
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Angeles Susi Carrion
answered on Mar 1, 2023

A parent may withdraw consent to a guardianship so long as the Permanent Guardianship has not yet been granted. If the Permanent Guardianship has not yet been granted, the parent may file an Objection to Petition for Appointment of Guardian (Judicial council form GC-215), and clearly state why the... Read more »

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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for California on
Q: wrong vehicle identity

hello, I have been mailed an invoice toll for the second time for a car registered in Florida with my same license plate number that I had registered in Virginia (I have a new license plate number and registration for that same car that I own). I've won the first dispute after proving that the... Read more »

James L. Arrasmith
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answered on Feb 26, 2023

If you have received a toll invoice for a car that is not yours and have already disputed it once, you may want to consider contacting the tolling agency directly to explain the situation and provide any evidence you have to support your claim that the car is not yours. It's possible that... Read more »

1 Answer | Asked in Adoption, Appeals / Appellate Law, Child Custody and Juvenile Law for California on
Q: Can a assigned attorney lie to a client in a dcfs case

Dcfs case in la county. Baby was born clean. No drugs in her system. I was not. I have asked to appeal since day 1. Have given evidence that would help my case. At times my court appointed attorney blocked me completely. Until I called her supervisor. Now they are claiming she is not my... Read more »

James L. Arrasmith
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answered on Feb 23, 2023

It is not ethical or legal for an attorney to lie to a client in any case, including a DCFS case. However, it is important to clarify the roles and responsibilities of a court-appointed attorney.

In a DCFS case, the court will appoint an attorney to represent the parent or legal guardian...
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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: i was sentenced to 4 years and 4 1 year enhancements do i quailify for ca penal code (1171) a or b?
James L. Arrasmith
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answered on Feb 20, 2023

California Penal Code 1171 refers to the calculation of credit for time served in custody. Section 1171(a) allows for a one-for-one credit for time served in actual custody before sentencing, while section 1171(b) allows for a 1.5-for-one credit for time served in a county jail before sentencing.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: If I win my appeal case. Can I get my attorney fees covered.?

I'm the employee. I had a wage claim against my employee with the labor board. . I won but not the full award amount that should have been awarded to me. I appealed it. If I win my appeal can I get my attorney fees paid for by the defendent?

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2023

Not in the Labor Board. You would have had to file your claim in court to get your fees.

Good luck to you.

2 Answers | Asked in Appeals / Appellate Law, Employment Law and Civil Litigation for California on
Q: May I argue "fraudulent concealment" in an appeal of a wage claim or does that have to be a seperate lawsuit?

Edited

Neil Pedersen
Neil Pedersen
answered on Feb 13, 2023

This site is not a place to get such case-specific legal advice as you are seeking. You really need to get an attorney involved that can be allowed to understand the details of the situation.

I know it will not help you now, but in the future, if you ever again have a wage issue, do not...
Read more »

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2 Answers | Asked in Personal Injury, Criminal Law and Appeals / Appellate Law for California on
Q: what happens when the victim of a crime is anattorney and the case is heard in the local court where they are known?

Here is a question sent to my partners public defender by me.

The judge mentioned that the person who was affected by the incident was an attorney who had professional connections with the court and was known by staff at the DA office and the court as well as the judge himself. Neither... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

If the victim of a crime is an attorney and the case is heard in the local court where they are known, it could potentially raise issues of bias or conflicts of interest. In such a situation, the judge and court staff are expected to act impartially and treat the case the same as any other case.... Read more »

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Q: I was diagnosed with a specific learning disability in 2nd grade and I'm clinically depressed and have anxiety

I was denied social security in by a judge 2021 can I sue then

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

The Social Security system has a specific appeal process that must be strictly followed. If your disabling conditions have worsened, you can file a new claim for disability benefits. Make sure you have all your medical records and medical providers identified and listed, and any records from... Read more »

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2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Is there a statue of limitations for suing for violation of civil.rights?

Maliciously prosecuted by the catholic church and a priest and his lying church member.

Prosecuted with no evidence.

Found not guilty. cruel. they lied. I have proof.

Louis George Fazzi
Louis George Fazzi
answered on Jan 23, 2023

Yes, the statute of limitations for your action is 2 years from the date of your injury.

You should immediately consult a good civil rights lawyer to make sure you don't miss the deadline to file your lawsuit. In your case, the date the statute of limitations began running is complicated.

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1 Answer | Asked in Appeals / Appellate Law, Domestic Violence and Family Law for California on
Q: Appeal DV Restraining Order due to "Acts of God"?

First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2022

you really want to present this to a family law attorney.

most judges do not give you any slack for being late.

when they called the case you were not there...period.

NOW, you would have to retain and lawyer to try to set aside the ruling.

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