Need help to raise motion to vacate court rulings and defaults upon defendants while under California FTB and SOS Forfeiture
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answered on Oct 15, 2023
When an entity has been forfeited by the California Franchise Tax Board (FTB) and the Secretary of State (SOS), it typically lacks the capacity to sue or defend in court. If an entity files a lawsuit during the period of its forfeiture, such actions may be deemed void or voidable. If you're... View More 
What triggers statue of limitations to file a civil rights lawsuit? when the actual testimony in bad faith occurred(malicious prosecution) or when case became final.fowlowing Reversed on appeal vacated dismissed after serving a three years in prison
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answered on Oct 15, 2023
In California, under Code of Civil Procedure § 340.3, the statute of limitations for malicious prosecution claims is two years. The clock typically starts ticking on the statute of limitations for a malicious prosecution claim once the underlying criminal or civil proceeding has terminated in... View More
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answered on Oct 13, 2023
There is no central database of people who have been blacklisted by the courts in California. However, there are a few ways to find out if you may be on a blacklist.
One way is to contact the court clerk in the county where you were involved in the prior legal proceedings. The court clerk... View More
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answered on Oct 14, 2023
In California, courts do not maintain "blacklists" for individuals based on prior inappropriate behavior. However, if there are concerns about specific actions taken against you by the court, such as restraining orders or other civil orders, you can review the court's records or... View More
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answered on Oct 13, 2023
In California, the term "persona non grata" is traditionally associated with diplomatic relations and is not a standard legal designation within the state's court system. However, if you feel you've been improperly treated or labeled by a court or judge in any capacity, here are... View More
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answered on Oct 13, 2023
In California, the term "persona non grata" is traditionally used in the context of diplomatic relations to refer to an unwelcome individual. It's not a standard legal designation employed by judges or magistrates in the state to describe parties or attorneys. If a judge or... View More
I was maliciously prosecuted by the catholic church. A jury found me not guilty. I am fighting for my factually innocent. I lost. My public defender missed the 2 year deadline. I appealed to appellate court. I lost. The law changed so there is no more 2 year deadline. I went back to... View More
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answered on Oct 9, 2023
I understand your frustration. In California, individuals have the right to represent themselves in court, including appellate courts, which is termed "in pro per" or "pro se" representation. However, the appellate process is primarily a written one, meaning the court relies on... View More
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answered on Sep 28, 2023
Yes, you can present arguments and case law to the judge in a family law case regarding disabilities and the best interest of the child, as long as it is relevant and supports your client's position. It is a common practice to provide legal authorities and persuasive arguments to assist the... View More
A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint... View More
answered on Sep 15, 2023
Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither... View More
Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know... View More
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answered on Sep 14, 2023
In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you... View More
Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More
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answered on Sep 14, 2023
Under California law, if new evidence has emerged after an appeal has been lost, you may consider filing a motion for reconsideration or a motion for a new trial, depending on the circumstances and the stage of the case. Consult with an attorney experienced in appellate matters to evaluate the... View More
Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More
answered on Sep 14, 2023
This is actually a very real issue:
https://www.nytimes.com/2023/06/29/magazine/pregnant-women-medication-suboxonbabies.html
but one which likely will require legislation to fix. What you describe is not "new evidence." It is a legal argument based upon a law that could... View More
Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an... View More
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answered on Sep 7, 2023
I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence... View More
The case is a child welfare case that I strongly believe violated my right to a fair trail in everyway possible. Seeking outside legal advice about the case. I recently submitted a application to the child abuse index and if my name was added I want to be prepared to have it removed along with... View More
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answered on Sep 4, 2023
To find an outside legal expert to review your child welfare case, you could reach out to bar associations, which often offer attorney referral services, or consult legal directories such as Martindale-Hubbell or Avvo. If you believe your right to a fair trial was violated, an attorney experienced... View More
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answered on Sep 3, 2023
The Mapp v. Ohio decision, which established the exclusionary rule, generally applies to all state criminal court proceedings, effectively barring the use of evidence obtained in violation of the Fourth Amendment. However, the applicability of the exclusionary rule in Child Protective Services... View More
Porque permite DCFS continuar con la violencia y el abuso al poner de supervisor las vicitas de una madre con su hija. Ignorando la orden de corte que el padre no deve supervisar Por medio de un mensaje de texto supe que DCFS me quito a mis Hijos En una audiencia. Donde me acusaron de abuso... View More
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answered on Sep 2, 2023
In California, if there is an existing court order stating that the father should not supervise visits and DCFS allows him to do so, that would be a violation of the court order, and you could bring this to the attention of the court. Lack of proper notice for hearings and other procedural... View More
I appealed the ticket, MRCA denied it even though I provided photographic proof that there are no warning signs for incoming drivers that cameras are in use - and that the sign is easy to miss for a driver unfamiliar w the area. They Said I can Appeal to LA Superior Court under California... View More
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answered on Aug 29, 2023
To appeal your MRCA (Mountains Recreation and Conservation Authority) stop sign ticket in Los Angeles Superior Court under California Government Code Section 53069.4, you'll typically need to file a Notice of Appeal. Although there may not be a standard form specifically for this type of... 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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