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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: Can I appeal a small claims court order since there was no monetary judgement filed?

I was sued by my ex over a dog that we adopted while together but has lived with me 90% of the time since we separated. For the eight years since we separated, I would let him take the dog from time to time but never more than a week and usually just a few days. He’s lived in the same place since... Read more »

Charles William Michaels
Charles William Michaels answered on Jun 14, 2021

First, I am not a CA lawyer. But it seems that the "order" IS a final judgment, thus you can appeal this order to the next level. Whether the appeal is de novo OR on the record, I can't tell.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: You have a man w/a head wound .A man w/a hand wound. A broken glass bottle ...who would be the likely aggressor?

A-The man picked up th bottle w/his head & cut the mans hand?

B-The man cut his hand on broken bottle while hitting man in th head?Or breaking bottle? My son was assaulted, taken by ambulance to ER(8 stitches)then jail,charged w PC245(1)(A)&PC422.Son has schizoaffective... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2021

more info necessary.

a lawyer would have to read the police report and not speculate.

you need to set up an appointment with a criminal lawyer in your area who would have to move to set aside the plea. That is not always easy. The judge goes through admonitions asking if that is...
Read more »

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

Q: Is it fraud to skip over a named successor trustee, and instead nominate and fill the vacancy with an outside party?

The successor trustee who was handling the administration of my irrevocable trust died. My Aunt was named second as a successor but she declined.

The next successor trustee named in the trust instrument was a bank but the bank was never informed of this. My Dad's widow, (an omitted... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 3, 2021

You said the fiduciary was court appointed. Did you get notice of the ex parte hearing? More facts would be needed to determine if you have any recourse. Seek counsel for a private consultation so that you can provide all the facts of your situation for a thorough evaluation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: How can we know the law if there is not 1 case text that's the same? Do we have to have something already established?

Our Attorney did nothing but threaten and lie. He even kept fees for expert witnesses we didn't get. There is no previous case in history like this one. I've searched for 4 years. Not 1. Does there need to be a previous ? I'm trying hard to come up with Attorney fees but 1st... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 24, 2021

MORE INFO NEEDED.

IT SOUNDS LIKE A CRIMINAL MATTER AND MAYBE AN APPOINTMENT WITH A LOCAL CRIMINAL LAWYER TO DISCUSS YOUR OPTIONS WOULD BE A GOOD IDEA.

NEW LAW IS MADE BY JUDGE RULINGS AND THOSE POLITICIANS THAT REPRESENT US.

OFTEN A LAWYER HAS TO PAY EXPERTS BEFORE S/HE...
Read more »

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: My son has given up. The ADA was corrupt. Our Attorney was corrupt. Is an appeal automatic if nobody files for him?

Post conviction. Pre sentence. I fired the Attorney immediately after my son was convicted. Videos not shown. Exculpatory witnesses not interviewed. Evidence lost. The ADA ignored favorable evidence and only picked bad. A fake expert witness. A lying victim. All too much. Felony murder. The victim... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 24, 2021

I feel your pain. The first thing is to know your time limitations. Motion for New Trial- 20 days; Notice of Appeal-60 days. Sounds like there are multiple grounds for Appeal- Ineffective Assistance of Counsel (IAC); Prosecutorial Misconduct, and errors by the Court in admitting and excluding... Read more »

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: During this covid crisis I havent a lawyer for my case

I have A telephone court date April 20 2021 do I need a lawyer?

Tim Akpinar
Tim Akpinar answered on Apr 9, 2021

A California attorney could advise best, but your question remains open for two days, and by Monday, you're looking at about a week to find a lawyer for an April 20th court date if you decide you want to go with one. You don't indicate what type of hearing it is, and many courts are... Read more »

1 Answer | Asked in Consumer Law and Appeals / Appellate Law for California on
Q: If I won a small claims judgement in small claims court in California,the Defendant decides to file an appeal on the

31st day, the judge ordered the judgement on January 11,2021 and the defendant filed on Feb 11,2021, therefor bringing it to 31days

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

May be untimely, depends on how the notice of judgment was served. Add 5 days for service by mail. Path of least resistance, bring it up at the appeal hearing by filing a motion to dismiss late appeal, the Judge should hear that first, and rule on it then go to the main case. Be prepared to... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I received a traffic ticket. Judge scare me into pleading guilty. Can I appeal this ticket?

I was at a traffic light turning left waiting for it to turn green. I zone out. I was not moving. Officer put his siren on and pull me over. He was very angry with me and said I'm going to give u a ticket. He did. I start work at 2am and was in the company truck.

Charles William Michaels
Charles William Michaels answered on Feb 11, 2021

Generally not--when a person pleads guilty any appeal rights are waived.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: When will vincent hwang be released after the appellate court ruling?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Soon. Insufficient information for more.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Civil Rights for California on
Q: Judgment Default filed 2018, DVRO, I go to jail. Now I learned why, wife married another man 2008- we reconciled in 2011

she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »

Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Juvenile Law for California on
Q: How can I appeal a juvenile court jurisdictional hearing before the disposition hearing and get a new judge and lawyer?
David Michael Lehr
David Michael Lehr answered on Jan 26, 2021

Sorry, but that is broad question. You need to talk to the attorney who handled the case and see what your chances are going to be.

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Please could someone please tell me if this is a form of colluding? BE HONEST.

Judge: Defense counsel are you going to be mentioning anything about a prior hung jury? DC: I mean your honor and I may say this is not exactly what my client... I do think it’s the best interest that I mean... I don’t really think we should even mention that there was a trail, I believe that... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 10, 2021

the inquiry does not sound like colluding... and if not in the presence of the jury probably proper.

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3 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: The "Motion in Limine" that the Prosecuter / District Attorney has, does the Jury get to view it at any point in time?

The Prosecutor / DIstrict Attorney lied throughout the document - Motion in Limine. I wondered if the jury gets to view that document.

David Michael Lehr
David Michael Lehr answered on Jan 10, 2021

Never.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: I have a dependency court case, I have an appeal in court of appeals, with out my knowledge. I filed a civil case in fed

the dependacy case they took my 3 kids, and suggested I do some services, which will take 6 months. They were taken do to homelessness. I was living in missouri and came to calif to locate my boyfriends familly members to no avail. In the process we had car trouble at stayed in hotels. during which... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 29, 2020

You need an attorney to assist you. You can use Google to search for civil rights lawyers in the Sacramento area. I suggest you do not delay because the deadlines in the federal courts are very strict.

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Santa Ana, California what is the law regarding preservation of evidence while the convicted defendant is appealing?

Can the District Attorney or the Law Enforcement Agency release a vehicle from evidence while the defendant is going thru the appeals process? It was a vehicular homicide case and the defendant was charged with 2nd degree murder, implied malice. The case is in the first stage of appeals since the... Read more »

David Michael Lehr
David Michael Lehr answered on Dec 16, 2020

Typically the car will not released until the outcome of the appeal. If there is a stipulation between the defense and the prosecution, sometimes that can speed up the release of the vehicle. Otherwise, they typically wait 60 days after all the appeals are finished before they released a vehicle... Read more »

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Q: Isn’t setting a statewide curfew against this section of the constitution? The people should have the freedom to choose

Choosing between staying home away from the virus if they’re high risk or going out with a friend if both of you recently tested negative. The freedom to go and hang out with a friend should be up to their own Individual person. I would say this falls under the sentence “...enjoy and defend... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 23, 2020

We are experiencing one of the rare occasions when, for health reasons to protect all of us, the government is given the responsibility to make orders such as the present curfew, and we must comply with them. Our individual freedoms mean nothing if this pandemic can kill so many of us without... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: We have to vacate our mobile home by Monday 11/23 can we file an appeal to stay longer?

I have my family who will be on the streets

Charles William Michaels
Charles William Michaels answered on Nov 18, 2020

First, I am not a California lawyer. But generally, taking an appeal does not stay the decision or judgment of the lower court or administrative agency. Along with the appeal, a party usually must file a motion to stay. And that usually requires some sort of bond or other security-- with the motion... Read more »

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