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California Appeals / Appellate Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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...
Read more »

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
Louis George Fazzi answered on Apr 4, 2018

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

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Should a petition for Writ filed in court appeals be different from one filed superior

A petition for Writ of Mandamus is denied in superior court, resulting in hopes of appealing that superior court order denial refusing to intervene, should the petition for Writ of Mandamus filed now in court of appeals differ or be the same?

John Toby Schreiber
John Toby Schreiber answered on Mar 28, 2018

Actually, trial court orders denying a petition for writ of mandamus are usually appealable and begin by filing a notice of appeal in the trial court within 60 days of notice of the entry of that order. There are exceptions to that rule, such as proceedings brought under the Public Records Act,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Constitutional Law for California on
Q: What issues differentiate a De Novo review from a Independant review?
John Toby Schreiber
John Toby Schreiber answered on Mar 26, 2018

De novo review and independent review are actually generally the same thing. They both refer to the standard of review used by the appellate court concerning an issue of law. Issues of law include interpretation of a statute, constitutional provision, ordinance, or regulation, or interpretation... Read more »

Q: DESCRIBE ERRONEOUS FRAUD ?HOW DOES IT DIFFER FROM EXTRINSIC T FRAUD?
John Toby Schreiber
John Toby Schreiber answered on Mar 26, 2018

Extrinsic fraud or mistake is the type of fraud or mistake that prevents a party from participating in the proceedings in the trial court. An attorney (or party if unrepresented) is not provided notice of a motion hearing date or a trial date and therefore literally is unable to participate in the... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California on
Q: my brother recently tried to go for a resentencing this year but the lawyer I went to said he already have n 2016 my bro

Didn't know what the lawyer was talking about so I did some research n found a paper from the corectional case records analyst mailed to the judge and they stated n 2016 from the case in 2010 that there was abstract of judgment and the minute order there was a error n referd to a case people v... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 22, 2018

you should go back to the lawyer that represented him to address this.

at the least contact the public defender.....their appellate dept may take it on

1 Answer | Asked in Animal / Dog Law, Criminal Law and Appeals / Appellate Law for California on
Q: Code Compliance Violation regarding my dog being "at large"

I have an upcoming court date set for a code compliance violation regarding my dog. I had gone last year to a hearing regarding the same issue and now they are saying the verdict is being recalled and I have to go through the whole process again. The dog in question is my friendly service dog, who... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 5, 2018

To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.

It is the same as using the adage for using a computer... “JUNK IN, JUNK...
Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: If someone crosses the Mexican border and gets caught, serves jail time and now is waiting for a court date

However, they also get a misdemeanor later on. How badly is the case affected now?

Dale S. Gribow
Dale S. Gribow answered on Feb 8, 2018

i handle criminal cases not immigration and that would be my main concern with this administrations current policies.

each will affect the other........you may want to hire a lawyer to take care of both and work out a global settlement IF both entities know about the other matter

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for California on
Q: I. Hadicap citation, didn't station myself, I'm very I'll, I just wanted to drop off children and was having an emergenc

I'm severely I'll, was having an emergency while with my small children. Parked in front of my house closest to the door due to my pain plus also needed to get my children inside. I proceeded inside and was in agony pain for about 1.20 minutes, went back outside to move car into my parking spot and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 4, 2018

the traffic cop did the right thing...........now when you explain your situation to the judge lets see if s/he does too.

i would think 1 hr 20 min would be to long a time to be inside and that you should have moved it.

Q: I missed my surrender date, was previously diagnosed with ovarian cysts its just 6 days is there a way to go around

Is there a way to avoid the jail sentence process? Based on the facts i have provided?

Dale S. Gribow
Dale S. Gribow answered on Jan 24, 2018

NEED A LOT MORE INFO

WAS THIS MISD OR FELONY?

THIS IS A QUESTION YOU SHOULD ASK THE LAWYER WHO HANDLED THE CASE

YOUR LAWYER CAN GO BACK TO COURT TO QUASH THE BENCH WARRANT AND ASK FOR ANOTHER CHANCE B/C.......

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