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California Appeals / Appellate Law Questions & Answers

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on

Q: Can I appeal a restraining order against me.

I was given the evidence the day of my hearing and about 20 minutes before my hearing. Before the judge made her decision I asked for a continuous to get a lawyer to protect my rights and was denied.

Dale S. Gribow answered on Oct 1, 2018

Need more info

Was this criminal or family law proceeding?

When did you get notice of proceeding?

Why didn’t you have a lawyer?

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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Juvenile Law for California on

Q: what can i do about false or mislading statemnts given under oath by social worker to supreme court of ca

Donald Arthur Hilland answered on Sep 29, 2018

How do you know the statements are false or misleading? What is your proof that the statements are false or misleading? Are you a party to the child custody case? Or are you simply someone who knows the truth? There are too many uncertainties in your question. Filing documents with the supreme... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on

Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... Read more »

Gary Kollin answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Is there free lawyers who are willing to help serve justice in reinstating parental rights that proves purgury in case

I've been denied to provide evidence that would prove purgury in my case which harmed my reunification with my son

Angelina Bradley answered on Sep 26, 2018

Not likely. In LA, Levitt and Quinn does sliding scale work but I don’t know if they do appeals.

Appeals are time consuming, expensive, and most cases result in the trial court’s decision being affirmed.

That doesn’t mean don’t try. It does mean you have an uphill battle....
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1 Answer | Asked in Appeals / Appellate Law for California on

Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?

Robert D. Kreisman answered on Aug 18, 2018

I would suggest that it is generally better to hire an attorney who specializes in appellate work. There are just too many possible technical requirements in appellate work that if not met could foil your case .

1 Answer | Asked in Family Law, Tax Law and Appeals / Appellate Law for California on

Q: COUNTY OF LOS ANGELES VS MYSELF served copies of the SUMMONS AND COMPLAINT PARENTAL OBLIGATION.

The Local child support agency had the wrong address on file for me. I did not no of any court order for child support was in place. The other parent in this case applied for public assents for her and my kids, at the time of her applying she reported the income she was receiving from me. I was... Read more »

Tobie Brina Waxman answered on Aug 13, 2018

Before speaking with an attorney, call the child support agency. Speak with the representative or lawyer who is assigned to this particular case and discuss your options with him/her. Be sure to also discuss your lack of notice of the pending action and of the fact that you have been paying Mom... Read more »

1 Answer | Asked in Family Law and Appeals / Appellate Law for California on

Q: Am I able to file an appeal as the father made false statements when really we agreed to split sons week off?

My ex and I have a son who went off track last month on July 9th until Aug 7th. But he had a week off before his actual off track vacation day which we split. I let my son stay with his dad July 4,5, and 6. Court orders state on the day off track vacation starts I am to have the first two weeks and... Read more »

Angelina Bradley answered on Aug 8, 2018

As a party to the proceeding, you can go down to the clerk's office and request a copy of whatever the judge ordered that day.

You do have a right to appeal if the order was a permanent order, however, you will need to file a notice of appeal within 60 days of the hearing. On appeal, you'll...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: I didn't finish a case from 2011 . I feel I was given insufficient advice and pressured into taking a bad plea.

I have community service and a class to finish. is there anything i can do besides go to jail?

Dale S. Gribow answered on Jul 16, 2018

much more info needed.

is it a DUI?

a lawyer has to put the matter On Calendar and then ask the court to quash the bench warrant that would have been issued. He will need an excuse to present to the court.

you can probably avoid jail but may have to start dui classes (if it...
Read more »

1 Answer | Asked in Animal / Dog Law, Appeals / Appellate Law, Civil Litigation and Small Claims for California on

Q: How do I appeal/challenge a reversed Ex Parte order?

A woman stole my pets and began abusing and killing them. She would not allow me on the property to retrieve them, refused to communicate, showed many photos of my animals dead and dying, covered in blood, etc.

I got an Ex Parte order to get my animals from her. The police stupidly gave... Read more »

Thomas A. Grossman answered on Jul 15, 2018

I don't know enough facts about your case, but I don't understand why the police, or an animal control agency, doesn't immediately arrest this woman for animal cruelty. Something doesn't make sense. You should get a lawyer ASAP.

1 Answer | Asked in Appeals / Appellate Law for California on

Q: Can you appeal a decision in small claims court?

Gerald Barry Dorfman answered on Jul 9, 2018

Only a losing defendant can appeal in small claims court. A losing plaintiff can not. The appeal results in a brand new trial (called "de novo"), which will be heard by a different judge. At the de novo hearing, unlike an original trial, lawyers are allowed.

3 Answers | Asked in Personal Injury, Appeals / Appellate Law and Health Care Law for California on

Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire

The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy and was feeling pain in my lower back she suppose to take me in welchaire to my vehicle i had just delivered my baby and the nurse made false statement of me i felt discriminated and i have this back pain

Dale S. Gribow answered on Jun 21, 2018

with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.

not sure how that could cause back pain.

if you had fallen walking and broke something it might be a case to pursue.

i hope you and the baby are fine.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: If the judge struck 12022.53 (d) and kept 12022.53(e) 1 did that mean that (d) was not proved

Dale S. Gribow answered on Jun 12, 2018

much more info needed.

i assume you had a private or court-appointed lawyer and you should ask that lawyer.

it could mean there was not enough proof or the judge gave you a break and dismissed one count in the interest of justice???

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on

Q: Judges n Courtrooms

How Many Judges are Assigned to a Criminal Case in California?

How Many Courtrooms are Assigned to One Criminal Case in California?

Dale S. Gribow answered on Jun 10, 2018

much more info needed.

1 judge and 1 courtroom per case........

on an appellate level, often 3 judge panel

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for California on

Q: I’m looking for case law in California to support spousal support and distribution of assets for marriage of 43 years

Appealing decision giving support of 1600$ month to wife of 43 years. Judge also awarded all net escrow dollars to husband. Wife received none. She was a homemaker for 30 of those years. They had an upper middle class lifestyle. Husband continues to have upper middle class of living while wife is... Read more »

Tobie Brina Waxman answered on May 27, 2018

What do you mean you are looking for case law? Case law that says what? What is it you are trying to establish? What is the basis for your appeal? Are you claiming the judge made a mistake? Are you claiming the evidence did not support the decision? What error do you believe was made that... Read more »

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for California on

Q: ” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case

Peter N. Munsing answered on May 22, 2018

Read it and see for yourself: https://scholar.google.com/scholar_case?case=836093554391354911&q=rko+v.+weirum&hl=en&as_sdt=6,39&as_vis=1

1 Answer | Asked in Appeals / Appellate Law for California on

Q: .” How did the appellate court decide on the trial court’s action? In the RKO v Weirum Case (1975)

John Toby Schreiber answered on May 21, 2018

The California Supreme Court affirmed the trial court award of damages in plaintiff's favor. The appellant parent company of an LA radio station held an on-air contest as to who could find one of the station's djs, in which 2 teenage listeners drove so quickly through traffic they caused an... Read more »

1 Answer | Asked in Appeals / Appellate Law for California on

Q: 1 gets judgment against 2 and 3, who both appeal. 2’s appeal dismissed, 3's successful. Is 2 subject to judgment still?

Party 1 was the purchaser at a sheriff's sale caused by a junior judgment creditor. Party 3 was a senior judgment creditor. Party 2 was the successor trustee to the original trustee who was the judgment debtor the junior judgment creditor forced a sheriff's sale regarding. Party 2's appeal was... Read more »

John Toby Schreiber answered on May 9, 2018

There are too many variables missing in this question to give a definitive answer. In the abstract it would appear that yes, 2 is still subject to the judgment, but this question is more complicated than that. There are a bunch of unanswered questions here: on what basis was 3's appeal... Read more »

1 Answer | Asked in Appeals / Appellate Law and Immigration Law for California on

Q: Can I apply for H1 extension while my denied I 140 is under appeal at the office of AAO? 6 years completes in Aug 2018.

Hi, I will be completing 6 years on H1 this August (2018) and have 7 months to go. My I 140 was denied (employer is going to appeal the decision) on 02/01/2018 and would like to know the options I have to stay beyond the 6th year.

Can my employer file H1 extension while my I 140 denial is... Read more »

Carl Shusterman answered on May 6, 2018

If your approved PERM application was filed with the DOL over one year ago, and your employer's I-140 is on appeal, you can extend your H-1B status past 6 years.

1 Answer | Asked in Immigration Law and Appeals / Appellate Law for California on

Q: What can i do after my and my wifes i485 is denied and we both got the EAD?

Both of us are denied because we overstayed the granted period on B2 visa. I won the lottery for 2017, and i was present in US when that happened. The decision of denial cannot be appealed. What you suggest that we can do to reverse the decision? Thanks

Carl Shusterman answered on Apr 20, 2018

Unless you qualify to adjust status under section 245i, you cannot reverse this decision.

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative or I-140, Immigrant...
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Q: How would you get Stone v. Powell overturned?

Stone v. Powell generally bars federal habeas review on state 4th Amendment issues on the notion that suppression off evidence (Mapp v Ohio) is not a right only a judicial remedy to 4th Amendment violations. Well isn't that also true for 5th Amendment violations? Suppressing confessions is also a... Read more »

Louis George Fazzi answered on Apr 4, 2018

Now that really is a question for Law School students studying constitutional law and criminal procedure.

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