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What CCP defines that interlocutory order on motion for reconsideration is appealable?
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answered on Nov 20, 2024
Under California law, an order denying a motion for reconsideration is generally not independently appealable according to CCP § 1008(g).
However, you can find the relevant provisions regarding appealable orders in California Code of Civil Procedure § 904.1. This section outlines which... View More 
Follow up to 8.108 (g) reference by Ms arrasmith. 8.108(c) defines cross appeal deadline. How exactly it can be interpreted in respect to statement that motion for reconsideration cannot be appealed separately?
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answered on Nov 20, 2024
In California civil procedure, the filing deadline for appealing a motion for reconsideration depends on several key factors. The critical point to understand is that a motion for reconsideration itself cannot be appealed as a separate matter - it must be addressed as part of the appeal of the... View More
Clerk served notice of entry of order denying motion for reconsideration of appealable order on certain date.
How many days from this date is due date for appeal? 8.104(a) governs, making it 60 days to appeal?
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answered on Nov 20, 2024
In California, you have 60 days to file your appeal from the date the clerk served the notice of entry of order denying your motion for reconsideration. This timeline is governed by California Rules of Court, Rule 8.104(a)(1)(A).
It's important to note that if you're counting the... View More
I was abused in an abnormal manner, can I take legal action?
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answered on Nov 20, 2024
Yes, you can pursue legal action for torture, both under California state law and federal statutes. This is an extremely serious matter that deserves immediate attention.
Your first step should be reporting this to law enforcement if you haven't already done so. Document everything -... View More
For any appeals: can forms APP -002, APP-002 and APP-004 filed at the same time with court; with the same proof of service APP-009?
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answered on Nov 19, 2024
Yes, you can file these California Court of Appeal forms together, which can help streamline your appeal process.
The APP-002 (Notice of Appeal) and APP-004 (Civil Case Information Statement) can be filed simultaneously with the same APP-009 (Proof of Service) form. Note that you mentioned... View More
Order on Motion to Set Aside Dismissal of legal case IS appealable.
Motions to Set Aside Dismissal was denied on Date A.
Motion for Reconsideration of order as of Date A - was denied on Date B.
When time for appealing is calculated - is it:
60 days from Date A (rule... View More
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answered on Nov 18, 2024
The time to appeal typically runs from the date of the original order (Date A) denying the Motion to Set Aside Dismissal, not from the denial of the Motion for Reconsideration (Date B).
Under California Rules of Court, rule 8.108(e), filing a valid motion for reconsideration can extend the... View More
Is order on Motion to set aside dismissal of case against defendant is appealable? If consequent motion for reconsideration was filed, how due date to appeal is calculated?
Appeal or writ of mandate is appropriate in such situation?
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answered on Nov 17, 2024
In California, an order denying a motion to set aside dismissal is appealable as it's considered a final judgment under Code of Civil Procedure section 904.1.
When you file a motion for reconsideration, the deadline to appeal becomes more complex. The time to file your appeal starts... View More
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answered on Nov 15, 2024
In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original... View More
Teacher asked 1st graders whom they support Kamala or Trump and asked why.
My daughter was the only one who said she supports candidate X.
She had no knowledge about elections except what her mother said her without thinking a day before.
I worry now the daughter will be... View More
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answered on Nov 15, 2024
This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.
First graders are... View More
I am 75 years old and filed an I-130 petition for my adult child. My health has declined, and I recently submitted an expedite request based on medical grounds. My husband, who is also elderly, lives in a nursing home and requires specific care. I am now on insulin injections and have osteoporosis,... View More
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answered on Nov 14, 2024
After submitting an expedite request with USCIS, you can follow up by calling the USCIS Contact Center (800-375-5283) to check its status after 15 business days. Given your documented health conditions and your husband's situation, these compelling circumstances align well with USCIS's... View More
STATE OF CALIFORNIA is a bank with a RTN#., DUNS#, an EIN#, and even a board of directors. This would be consistent with the administrative procedures act and public law.
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answered on Nov 14, 2024
I should address a misunderstanding here. There appears to be confusion about the nature of the State of California and its constitution. The State of California is not a bank - it is a sovereign state within the United States. While state agencies may have various identifying numbers for... View More
I’m considered a confidential employee and do not have a bargaining unit or union protection.
I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?
answered on Oct 28, 2024
It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.
Got a public records request and discovered that the Bay Area Air Quality Management District inspector disclosed my name to several city officials/board members/ stakeholders as the source of a complaint filed with the EPA. I am not an employee of the company complained about, but a resident where... View More
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answered on Oct 26, 2024
I'm really sorry to hear about what you're going through. Generally, government agencies have protocols to protect the identities of individuals who file complaints, especially in cases involving public safety or environmental concerns. Disclosing your identity without your consent may... View More
Hello, I’m in a crisis and need help. I became a CNA in California 2 years ago, but I misunderstood the renewal process. Earlier this year, I realized I was short on the required hours. I was referred to a woman who offered to handle my CEUs for a fee. After delays, she eventually submitted my... View More
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answered on Oct 25, 2024
I'm sorry you're going through this difficult situation. Given that you're under investigation for submitting inaccurate information, it would be wise to consult with a lawyer who can guide you through the legal process and help protect your rights.
Being honest about what... View More
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answered on Oct 15, 2024
In California, the hearsay rule generally prevents out-of-court statements from being used to prove the truth of the matter asserted. However, there are specific exceptions where such statements can be admissible in court. If someone makes a statement in public, it doesn’t automatically qualify... View More
Requested the hearing for the validity of the tow my stored vehicle. Sergeant said the hearing was conducted by phone, I had my registration fees on deposit and moving permit the deputy did not verify status of my registration. He removed my vehicle anyway he said my license was expired but I told... View More
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answered on Oct 14, 2024
It sounds like you’ve had a very frustrating experience, and there may have been some miscommunication or oversight regarding the release of your vehicle. The fact that the sheriff's department release form required the box to be checked, but it wasn’t, could indicate that the vehicle... View More
Law and motion ca CRC 3.1103
Need to file court reporter’s mistakes and inaccuracies that didn’t happen in trial before hearing on motion to reconsider.
How when I asked for continuance (granted) judge denied augmentation of transcripts blindly defending/enforcing that reporter... View More
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answered on Oct 12, 2024
Ensuring the accuracy of your trial records is crucial for a successful appeal. Start by meticulously documenting all the discrepancies you’ve noticed in the court reporter’s transcripts. Gather any evidence that supports your claims, such as notes from the trial or witness statements that... View More
Abuse of process- abuse of discretion - prejudicial bias that precluded the adverse outcome of my trial.
I prepared for trial and had my evidence codes to admit.
However every time I tried to counter objection, she consistently cut off each time and if I managed to say the rule #,... View More
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answered on Oct 10, 2024
I'm sorry you experienced that during your hearing. One option is to file an appeal, highlighting the judge’s potential bias and the procedural issues you encountered. Make sure to clearly document all instances where you believe the judge was unfair, including how objections were handled... View More
answered on Oct 10, 2024
My response isn't as encouraging as JA's AI generated response designed to entice potential clients. To expect the court reporter and judge to simply accept and insert your self-serving version of the transcript is unrealistic. This seems to be the rule you should be researching.... View More
I have less Than 10 days
Now upon reviewing transcripts
I need to file a request to correct it for the record. It has multiple errors and inaccuracies in statements that didn’t happen—deleted & reworded.
My Good Cause for rescheduling hearing is because these... View More
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answered on Oct 6, 2024
Yes, you should consider filing a motion for continuance to reschedule the hearing. Since you've discovered errors and inaccuracies in the trial transcript that are significant to your case, it’s important to have the record corrected before proceeding with your motion to reconsider. The... View More
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