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California Appeals / Appellate Law Questions & Answers
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 »

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Landlord - Tenant for California on
Q: Will I win an eviction appeal?

I was renting a guest room that was attached to the house with its own entrance. I paid rent for three months. I stopped paying rent and the landlord served me with an unlawful detainer. I had LADBS inspect the room and the landlord got an order to comply with needing permits for the work added to... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

Short answer: not likely. Appeals are based on the record, not new evidence. It sounds like you had yourself as your own attorney and did not seek legal counseling prior to trial, a big mistake. Then you went to trial unprepared to provide the evidence of your claims, you cannot prevail at trial... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: I will apply a Notice of Appeal to a judgement in a court trial. The reason is Plaintiff lied during trial.

I want Upper Court to dismiss the judgement againt me, Defendant, because Plaintiff lied that he denied to receive any cash for my debt to him. I have a wittness and judge didn't accept to postpone the trial to call the witness.

In the Notice of Appeal form, I have to explain the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 31, 2020

What you need to do is go to your local law library and to find a set of books called the "Rutter guides". Find the guides about "Appeals" and read about what the grounds for an Appeal are. They will have the code sections for the particular grounds that you want to assert. Or... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is this the FINAL JUDGEMENT? Can I still file an Appeal?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 20, 2020

Unlikely you will get a definitive answer on this public forum, because it requires a review of the documents, for which an attorney charges a fee. You posted again later and I responded to that post. Suggest you read it.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Appeals / Appellate Law for California on
Q: In the more information section 2 is this final judgment how long do I have to appeal and when does the clock start?

Judgement was stamp filed on 09/17/2020. I never received Notice from the Court. I finally received electronic Notice from the plaintiff on 10/19/2020. Hold long do I have to file an Appeal? And on what date does the clock begin? On the Sept date that the judgement was entered or on the October... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 20, 2020

First, I am not a California lawyer. That being said, the clock starts running when the final judgment is issued. So you have how many days provided by rule or statute to appeal from the September 17, date.

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for California on
Q: Can the oral argument in the prior appeal be cited to support an argument in the subsequent appeal in the same case?

In the prior appeal, the defendants conceded a point. Based on that concession, the appellate court reversed and remanded. Post remand, the defendants argued the identical point and the trial court again sided it with them and dismissed the case based on the same issue that the appellate court... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 16, 2020

First, I am not a California lawyer. That being said, was the "law of the case" argued before the trial court on remand? I would think that that doctrine applies here. But I can see how oral argument in the prior appeal could be cited in the current appeal, so I think the answer is "yes."

1 Answer | Asked in Appeals / Appellate Law for California on
Q: What form do I use to file a motion to alter or amend judgment, trial de novo? I am the cross defendant on appeal.

I am the original plaintiff in small claims, the cross defendant on appeal of trial De Novo and it was ruled in my favor in both trials. However, the appeal judge made an error in his judgement on one of my claims that I clearly had enough evidence to prove. It was awarded in my favor by the Trial... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 9, 2020

Preparation of evidence before trial is very important. To me this sounds like you did not provide the de Novo judge with a proper one page summary of your damages with a total, supported by your evidence. You can go to the Judicial Council forms and see about form SC-108. You should attach a... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is shooting some one on the buttocks an ankle attempt murder?

I got 80 yrs to life for shooting some one on the buttocks an ankle that's not fair I was charged for two attempts murders

Dale S. Gribow
Dale S. Gribow answered on Oct 2, 2020

not sure what you are asking.

more info is needed.

please consult a local lawyer asap to "try" to mitigate the filing and charges.

2 Answers | Asked in Appeals / Appellate Law and Immigration Law for California on
Q: Denied I-130 and I-485 filed concurrently. Can appeal still be submitted to BIA, any other alternatives?

denial letter says no appeal to the decision, only motion to reconsider/reopen. But a field office made a mistake stating I-130 was abandoned and therefore got denied. Petition has never been abandoned and all info was provided on time.

Kyndra Mulder
Kyndra Mulder answered on Oct 2, 2020

A question that is unique to your particular situation should be discussed with an experienced immigration attorney. I can not advise you without looking at the record.

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: The Appellate Court sent me a letter; A turn down letter from the superior Court. appellant Opening brief is due in 30

I did not received can't letter from the superior court; I don't have any idea what is going on with my Civil Case/Wronful Eviction. Please let me know how I can prepare opening brief and the reason why I need to send it, and the step I need to take for the procedures. Thank you!

Maurice Mandel II
Maurice Mandel II answered on Sep 12, 2020

The rules of appellate procedure are contained in the California Rules of Court. If you are representing yourself, you are charged with the duty and obligation to read them and follow them. Otherwise hire an appellate attorney to assist you with the procedures in your case. Best of luck. This... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: If somebody is a convicted felon what can they carry legally for self defense and protection
Dale S. Gribow
Dale S. Gribow answered on Sep 6, 2020

more info needed........

it depends.....what were they convicted of? how long ago? on parole or probation? do terms of probation or parole address that issue?

the best person to ask is the person who represented them on the underlying case.

1 Answer | Asked in Estate Planning, Real Estate Law, Appeals / Appellate Law and Probate for California on
Q: California supreme Court ruled against a estate beneficiary now beneficiary wants to sue a waste of money?
Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

It sounds like this person is on the road to being declared a "vexatious litigant." Have a glass of wine and relax, you cannot stop them from doing what they insist on doing, you can only defend yourself with a good probate/Civil Litigation attorney. Best of luck to you.

Justia...
Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What is the Civil Filing Rejection Letter mean?

Received a letter from court. We already paid deposit in the early of June and did not receive any response from court clerk :no estimation of fee, no any response. When I asked court clerk last week, I was told the fee should be paid by e-filing only. The court issue a CIvil Filing Rjection... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 22, 2020

Your situation is being affected by the corona virus interference with the court's operations. Here's what you can do. Go to the Superior Court's website for the county in which your matter is filed. On the main page, there should be announcements about the effect of the covid-19... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for California on
Q: how do i appeal a parking ticket when i was not fit to drive? parked in front of a bar exceeding the time on the sign.

Almost a month ago, a few friends and i went out drinking. we were unaware that the bar was closing earlier than what google said (i presume due to the virus). we all drank and had to leave. None of us were in the condition to drive so we left the car at the bar and went to a hotel. we all thought... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 18, 2020

The facts that you have stated do not constitute a legal defense to the citation, IMO.

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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I already served my time and my sentence. Can I appeal my cases I plead no contest didnt fight it only to preliminary

I know with a personal attorney cases will get dropped to misdemeanor or lighter charges.

Charles William Michaels
Charles William Michaels answered on Jul 17, 2020

First, I am not a CA lawyer. That being said, I don't think you can appeal your case because the time window for an appeal has passed.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Waiting on an appeal since April last year. Just wondering is there any updates. Cuevas- Figueroa Enrique 9th circuit
Maurice Mandel II
Maurice Mandel II answered on Jul 14, 2020

You are asking the wrong people. You should be contacting your own attorney for this information, or looking your information up on the Court's website or PACER.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: California Civil action, Defendant dies. Case is currently in the Appellate Court

At a trial court for a civil proceeding, if a defendant dies, the onus is on the plaintiff to initiate various actions, these requirements are spelled out in:

1. Probate Codes 550-554,

2. CCP Sections 337.40-377.42, and

3. Part 4 (commencing with Section 9000) of Division 7... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 11, 2020

The rules regarding practice before the Court of Appeals are located in the California Rules of Court. They are complex, and there are filing deadlines that are very strict- if you do not file on time, your appeal is dismissed. The Civil Code sections you cite are for the time to bring an action... Read more »

3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California on
Q: If an appeals court dismisses a charge of stalking, can the counnt of false statement continue as charged and valid

while being questioned by a kohls investigator, about a stalking incident, def stated he never saw or met the victims b4 said incident. def was arrested for giving a false statement, due to a video survailance showing him talking to victims 2 weeks prior. def. state he sincerely didnot remember the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

Something tells me that you don't have the facts straight. First, a Kohls investigator does not work for the government, so a statement to a private individual is not a statement to the government. Next, your facts indicate that the Court of Appeals considered your arguments about the false... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(says 1,000 characters? )

This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.

I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2020

more info needed.

i am confused with the facts.

you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.

OR better yet, contact the lawyer who represented you.

s/he will be able to explain what happened and have all the facts.

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