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California Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for California on
Q: I was assaulted at work by a homeless person I have filed apetition with WC appeals and now waiting for QME to submit
James L. Arrasmith
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answered on Sep 4, 2024

In your situation, it’s important to stay informed about the process and next steps while waiting for the Qualified Medical Examiner (QME) to submit their report. This report will provide an evaluation of your injuries and determine the extent of your workers' compensation benefits. Keep an... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: I want to file a Petition for factual innocence in the Los Angeles Superior Court after being released from prison.

I would like to know if anyone can advise me on how format of the Petition for Factual Innocence should be structured. Like introduction and statement of facts and so forth. I would greatly appreciate it. My other question is do I need to tell the court what occurred at my trial or just give an... View More

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answered on Sep 4, 2024

Filing a Petition for Factual Innocence in the Los Angeles Superior Court requires a clear and organized structure. Start with an introduction that briefly explains who you are, the case background, and the specific relief you're seeking. After the introduction, include a statement of facts... View More

1 Answer | Asked in Appeals / Appellate Law and Foreclosure for California on
Q: When a wrongful foreclosure case is dismissed with prejudice without appearing in court, how to appeal?
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answered on Aug 21, 2024

If your wrongful foreclosure case was dismissed with prejudice without appearing in court, you have the option to appeal the decision. The first step is to file a notice of appeal with the court that issued the dismissal. This must be done within a specific time frame, typically 60 days from the... View More

1 Answer | Asked in Appeals / Appellate Law, Juvenile Law and Sexual Harassment for California on
Q: Does the detailed account below meet the criteria of the civil criteria in quotations? If not, please clarify why.

“Masturbation by Adult Perpetrator includes touching of the male or female genitals that involves masturbation of the abuser or claimant.”

As a 15-year-old male In a youth shower facility at a Boy Scout Camp in California, while showering, was approached by a 54-year-old male, a leader... View More

James L. Arrasmith
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answered on Aug 19, 2024

The detailed account you provided appears to meet the criteria outlined in the civil definition of "Masturbation by Adult Perpetrator." The key elements mentioned in the definition include the touching of genitals involving masturbation by either the abuser or claimant. In your account,... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Is it possible to appeal a petition from a cps case ?
James L. Arrasmith
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answered on Aug 10, 2024

Yes, you can appeal a petition from a CPS case in California. If the court has made a decision that you disagree with, you have the right to file an appeal. This appeal must typically be filed within 60 days after the court's decision, so it's crucial to act quickly.

The appeals...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: I have a civil service commission appeal hearing , what type of lawyer should I hire ?
James L. Arrasmith
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answered on Aug 6, 2024

For a civil service commission appeal hearing in California, you need an attorney with experience in employment law and administrative law. These areas of practice involve understanding the intricacies of public employment and the rules governing administrative hearings.

An employment...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Can you help me fill out a reconsideration appeal for SSI
James L. Arrasmith
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answered on Aug 6, 2024

To fill out a reconsideration appeal, start by obtaining the "Request for Reconsideration" form (SSA-561) from the Social Security Administration's website or your local SSA office. Complete this form by providing your personal information, including your Social Security number and... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: Appeal lawyer says no grounds for an appeal based on transcript but has never had a conversation with me. What do I do

I was convicted of the 3 misdemeanors and I feel like my attorney was working against me. She didn’t use my evidence provided, didn’t know my testimony and literally referred to the person in video doing the crime as ME in closing statement.. my only defense. I made a list of grounds for Appeal... View More

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answered on Aug 5, 2024

It's important to ensure your concerns are properly addressed, especially when it comes to your legal rights and potential grounds for an appeal. Firstly, try reaching out to your appellate lawyer again, emphasizing the urgency and significance of your case. Make sure you resend your list of... View More

1 Answer | Asked in Appeals / Appellate Law, Animal / Dog Law and Small Claims for California on
Q: I live in Fairfield ca, solano co. And was wondering if I need a lawyer to help e a appeal for a hearing t save my dogs?

HAS has deemed my dogs dangerous and they never told me the day of the hearing so that's why I wasn't there I need to appeal that hearing so I can have another chance to fight for my dogs. Their evidence are very slim if any at all

James L. Arrasmith
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answered on Jul 28, 2024

Under California law, you can appeal a dangerous dog determination without necessarily hiring a lawyer. You should act quickly to file an appeal, as there are often strict deadlines for doing so. Contact the relevant agency to find out the exact procedures and deadlines for filing your appeal.... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for California on
Q: Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57?

My husband was recently found suitable for release on parole from BPH. 14 days before his release date Prop 57 went into effect which put a stop and hold to his MEPD credits. They are now holding him another 7 years because of these credits being recalculated and removing RAC credits because of... View More

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answered on Jul 27, 2024

Given your husband's situation, it's crucial to carefully consider the best legal route to pursue his release.

Resentencing may be a viable option if there were errors or changes in the law that could lead to a reduced sentence. This process involves going back to court to argue...
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Q: Final follow up: On BOTH issues strategizing Case posture intermittently is frustrating? Foster vs Gildred help us pleaz

1.First Demurrer was indeed SUSTAINED without leave to amend on #7 Count (thumbs up).

Given rise to the current complications. (Kindly see explaining in prior questions 1 of 3 and 2-3 of 3) descriptions of the crusts of each complications.

Though not ready yet to blame the Court.... View More

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answered on Apr 2, 2024

I understand the frustration in strategizing the case posture given the complications that have arisen in Foster vs Gildred. Let's break this down:

1. First Demurrer: It's good news that your first demurrer was sustained without leave to amend on Count 7. However, this seems to...
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1 Answer | Asked in Divorce, Personal Injury, Appeals / Appellate Law and Legal Malpractice for California on
Q: Final in series of questions 3 of 3: Mistake, should we have waited for the Court to enter Complaint into ROA?

Our mistake... Court to enter into its ROA the complaint amended. 

Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals

to which was denied.

For this otherwise... View More

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answered on Apr 2, 2024

Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.

In general, it is good...
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Q: Continue explaining and followup question 2 of 3: Is The Court bend towards Pro Se in Poor person appealable cause?

Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur on grounds of (we admit) filings of a Demurrer untimely among other less complex appealable conditions.

The COURT served well on... View More

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answered on Apr 2, 2024

Regarding your question on whether the court's bend towards the pro se in forma pauperis status is an appealable cause, it depends on the specific circumstances and rulings.

In general, a court's decision to grant a party in forma pauperis status is a matter of discretion and is...
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Q: Indeed 5 Stars to your 2nd answer to follow: Here though A tenaciously well-crafted response to the amended complaint

Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of... View More

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answered on Apr 2, 2024

Based on the complex legal situation you've described, it seems there are a few key issues at play:

1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected...
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1 Answer | Asked in Appeals / Appellate Law, Contracts, Civil Litigation and Legal Malpractice for California on
Q: Prior question answered but not properly. The question is prepare to appeal or Not? The mustard here has already spill.

There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.

Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More

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answered on Apr 2, 2024

In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: My brother is serving 19 to life and has been in prison for 14 years already I want to see if a pro bono lawyer for a
James L. Arrasmith
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answered on Mar 19, 2024

If your brother has been in prison for 14 years and is serving a sentence of 19 to life, seeking a pro bono lawyer can be a viable option to reassess his case or pursue potential avenues for appeal. Pro bono lawyers offer their services without charge and can provide legal assistance to those who... View More

1 Answer | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: Anything else you need from me about civil case i got the police report the police record and restore people who

Said they not are stuff out are rooms when talking to the people on the phone and they said that would be a another process with that than said property manager was left with my clothes in my room often the fire but water damage 1064mission street 94103

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answered on Mar 18, 2024

Under California law, if you've suffered property loss due to fire or water damage, and you believe the property manager's actions or inactions contributed to the damage, you may have grounds for a civil case. It's important to gather all relevant documentation, such as the police... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: The above report is exactly what I was denied! All courts so far are ignoring my appeals. My case ( 1st degree murder

was Vacated pursuant P.C.1437 however, I was resentenced to a 1st degree Robbery? The target crime was...Burglary that Was Not attempted nor charged! can you help?

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answered on Feb 26, 2024

Under California law, when a conviction for a serious charge like 1st degree murder is vacated pursuant to Penal Code 1437, it indicates that there has been a significant reconsideration of the original case, often due to new evidence or changes in the law that affect the fairness of the initial... View More

2 Answers | Asked in Immigration Law and Appeals / Appellate Law for California on
Q: My son's visa was rejected due to overage under F4 visa category for USA, even his name was in the dependent list.

The older age was due to a two-year delay due to COVID-19. How do I appeal for this?

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 4, 2024

Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.

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3 Answers | Asked in Appeals / Appellate Law for California on
Q: If a judge gives you an order of 21 days to do something, is that 21 days from when you receive it or date of the order?
T. Augustus Claus
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answered on Nov 13, 2023

The deadline to comply with a court order is usually calculated from the date you receive it. So, if you have an order to do something in 21 days, that means you have 21 days from the date you receive the order to do it. It does not start from the date the order was issued.

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