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I have a Demurrer Hearing Scheduled For September 15, 2023.My last day to Submit my Writ of Mandate is September 4, 2023.If I do not Prevail with my Writ of Mandamus-California Supreme Court is next...Is California's Supreme Court like the US Supreme Court.The US Supreme Court does not Rule... View More 
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answered on Aug 25, 2023
The time it takes for the 4th District Court of Appeals to read and rule on a Writ of Mandamus can vary widely depending on their caseload and complexity of the matter. The California Supreme Court is the highest court in the state, but it operates differently from the US Supreme Court. The... View More
I sent in an amendment to a writ instead of an amended pleading. Can I just change the cover sheet or do I have to resubmit it all?
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answered on Aug 22, 2023
Depending on the specific circumstances and the rules of the court, you may have options. In some cases, you might be able to file a corrected cover sheet separately, but it's essential to ensure that this is in compliance with the court's procedures. Alternatively, the court might... View More
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answered on Aug 20, 2023
Under California law, if you submit an amendment to a writ that takes precedence over previous filings, it would be considered an "Amended Pleading." This supersedes the original filing and any prior amendments. Make sure to clearly label it as such and adhere to the procedural rules for... View More
Or do I have to put in an amended pleading. Are they the same thing?
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answered on Aug 19, 2023
When you amend a writ of mandate, you typically file the entire amended writ with changes, not just the amendment. An amended pleading refers to the entire document with revisions, while an amendment is a specific change within that pleading. They are not the same thing, and serving the entire... View More
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answered on Aug 18, 2023
In California, appealing a criminal conviction after accepting a plea deal can potentially affect the terms of the agreement and any waivers, including a "Harvey waiver," that you may have signed. The enforceability of these terms can depend on various factors, such as the specifics of... View More
A family member got court appeal judgement to pay $5,000 immediately which is final. Lives in motorhome, had stroke last year, unable to work, no income, living poverty level and not the financial means to pay this. Cannot and doesn't want to make payments. What options are there?
answered on Aug 14, 2023
I'm sorry about this person's hardships. The motorhome should qualify as a residence in California and be protected from judgment collection. Thus it won't matter if the judgment is never paid.
Your family member should file for Social Security Disability, SSD. SSD is protected from creditors.
Including that he/she has the right to a jury trial? Do they need to explain the consequences of a plea bargain vs. pleading not guilty, leading to a jury trial. If not explained fully, is this grounds for appeal by reason of Inaffective Assistance of Cousual?
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answered on Aug 14, 2023
A public defender is generally required to explain the terms of a plea bargain, including the right to a jury trial and the consequences of accepting the plea bargain versus pleading not guilty and proceeding to trial. Failure to fully explain these aspects could potentially constitute ineffective... View More
Do I need to file a supplimental and should I backdate it or file it current date ( the verification page, I mean)
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answered on Aug 8, 2023
If you have omitted a verification in your filed writ of mandate and injunctive relief in a U.S. court, it's crucial to address this promptly. Generally, you would likely need to file a supplemental document with the current date, explaining the omission and including the required... View More
The Defendant was a landlord who exercised their right to sue, their suit was a retaliatory and illegal eviction.
I subpeona records from defendant but they iluded the request, and when it was time for the judge to do sanction she did not
and the clerk for that day was obviouisly... View More
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answered on Aug 6, 2023
To appeal a small claims judgment in California, you must file a Notice of Appeal with the small claims court within 30 days of the judgment. The case will then be transferred to the superior court, and you will have an opportunity to present your arguments and evidence before a different judge in... View More
to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More
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answered on Aug 5, 2023
It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More
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answered on Jul 31, 2023
Yes, you can ask for injunctive relief in your writ of mandate petition in California. A writ of mandate, also known as a writ of mandamus, is a legal remedy used to compel a government agency or official to perform a specific duty that they are required to do by law. Injunctive relief is a type of... View More
I DO. PCR RESULTS. IDENTY THEFT. PROBE. GOV. HUMAN SUBJECT. SEALED
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answered on Jul 28, 2023
I understand that you have several questions related to census, OCR materials, corporate business, hunter identification, PCR results, identity theft, government probes, human subjects, and sealed information. However, your inquiry is unclear and appears to be a mix of different topics. To provide... View More
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answered on Jul 24, 2023
If you are submitting a supplemental filing to an existing case, you generally do not need to file a new cover sheet. Instead, you can reference the original cover sheet and indicate that the filing is supplemental to the case already filed. However, every county is different, and every courthouse... View More
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answered on Jul 23, 2023
If the CUIAB judge reversed the denial of your PUA claim, you may be eligible for retroactive payments for the weeks you certified but did not receive benefits. You should receive payments for the entire period you were eligible and certified, which includes the initial 5 weeks and any additional... View More
I left out a page, the verification page.
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answered on Jul 23, 2023
In most cases, you can file a supplemental pleading in addition to an amended petition. A supplemental pleading is used to provide additional information or correct omissions in the original petition. However, it is crucial to comply with the court's rules and procedures when filing any... View More
I put in an amendment 6/1. Can I send in a verified page now, if so?
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answered on Jul 22, 2023
If you did not include a verified page with your initial submission of the writ of mandate/Injunctive relief, you should review the court's rules and procedures to determine whether a verified page is required for this type of filing. If it is necessary and you did not include it initially,... View More
Comisioner being reading to my case that's being going on since 2021 with same judge n never got notice until after trail first we went to trial so she reshaedule for next day and after trial we lost we got notice of case being reading 2 days later after we already gone to trial until right... View More
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answered on Jul 21, 2023
If a commissioner has taken over your civil case without providing notice, you may have grounds to file a peremptory challenge under CCP 170.6. This challenge allows you to disqualify the commissioner from hearing your case based on certain statutory grounds. It is essential to act promptly and... View More
Does the CUIAB automatically backdate a reversed Pua claim denial?
answered on Jul 9, 2023
Congratulations. I suggest that you go to PUA.GOV to find out the answers to your question, or contact the CUIAB, or EDD to find out the answers from the horse's mouth, so to speak. Unlikely it is prospective from the date of the appellate decision. Thank you for using Justia ask a lawyer.
The initial trial was hell during a time, when the case was under forfeiture in suspension by the state of California. The trial process lacked due process.
Motion was made for a new trial, and granted with Procedures for a new trial
answered on Jul 7, 2023
Information is very limited, but if you were entitled to a jury trial on the first go around, I can think of no reason why you wouldn't be entitled to a jury trial, after being granted a new trial.
Ken Sisco
714 265-7766
In Sacramento California Courts in a civil case if a judge dismissed the civil case without prejudice what is the statute of limitations I have to refile?
answered on Jul 2, 2023
The statute of limitations is the same one that applied to the original filing. It is not extended or changed by the dismissal.
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