easy619

My California Appeal (Edit: I Won!)

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The 10 day deadline for plaintiff to submit any proposed amendments to my statement on appeal has come and gone. I'm pretty sure the deadline for the judge to make any revisions has expired as well. They must both feel that I accurately described the trial. Also, I believe the first filing in appeals for plaintiff runs about 800$...maybe their strategy is to not put any more money into this, and just let me try to win an appeal without resistance. Who knows. 

 

I'm now waiting for a letter from the clerk/court stating the the Clerks Transcript and Statement on Appeal have officially been submitted as record of the superior court trial to be used by the appellate division. Once I receive this, the 40 days to file my Brief will begin ticking. I haven't began working on it yet, but I've been thinking about it. I plan on heading to the local law library to see if I can dredge up any form of CCP 96/97 case law, as well as additional business records exemption to hearsay caselaw. I'll also look for case law concerning other deadline/procedural issues were high courts withheld that the code is to be followed. The basis of my brief will be the ccp 96/97 issue. I haven't been able to find any case law concerning this, so I think I'll cite other cases were statutory requirements were firmly held. This is the primary issue, as no ccp 96 compliance, an improperly overruled ccp97 objection, should lead to no witness, no witness = no docs. Secondary issues will be business records exemption to hearsay, with case law arguing that with PMK's testimony regarding chase, the docs should be hearsay. The last tactic will be the evidentiary issues of the docs themselves. It will all be quite similar to my Trial Brief and MIL, just revamped and strengthened to focus on the word of the law, and how the trial court and the system failed to provide me with justice as intended by the statutes.

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what about the point that the Judge took side with the JDB--asking you to waive the ccp 96/98 right in order to continue the trial on the same day !?....I don't understand !!

 

Can we point out the fact the judge was supposed to be unbiased, asking you to waive the right for something you already entitled to--in fact you were already at trial. --the Judge was over the line ?!...Or was he based on certain court rules we don't know ??

 

Is'nt that true, the appeal court can take a look at this issue ??

 

Million thanks

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 Also, I believe the first filing in appeals for plaintiff runs about 800$...maybe their strategy is to not put any more money into this, and just let me try to win an appeal without resistance. Who knows. 

 

 

Did you read something like that somewhere? I figured you would have to pay about $700 - $800 since you are the one appealing.

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Did you read something like that somewhere? I figured you would have to pay about $700 - $800 since you are the one appealing.

Actually its around 400, I looked it up. Respondent's first filing fee. I wonder if they'll pay it to respond to my brief?

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Actually its around 400, I looked it up. Respondent's first filing fee. I wonder if they'll pay it to respond to my brief?

I guess both sides have to  pay, just like answering a lawsuit. Hopefully they won't pay to respond, time will only tell.

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Hi Easy, Judge finally ruled in my favor that I can appeal.  Am working on my memorandum as well. Had to pay almost 400.00 to have my trial transcribed.  Not to mention the other fees.  I like you are heading to the law library, however to see how memorandums are written, because and appeal is not a new trial , but proof the judge erred in case law you presented at your trial,

  Alot more work for us as most people on the forum can't help.

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 to see how memorandums are written, because and appeal is not a new trial , but proof the judge erred in case law you presented at your trial,

  Alot more work for us as most people on the forum can't help.

I would think there are people here who can help you with writing a memorandum, but going to the law library is always a good idea.

 

You guys are a rare breed here however as few people are in appellate court. Hopefully you both win and become case law.

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and take your laptop and scanner and scan the pages you want. also make some copies on their copier. If in LA go to Torrance Courthouse. They have all you need or go downtown la across the street from the courthouse (wear nice clothes there).

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It is Mathew Bender practice guides for post trial remedies. You have to go to the law library. At mine the law librarian was super smart, helpful and Hot. In all things be nice to them and they will help you.

Ah ok, thanks. I'm not in LA, but there is a nice looking law library down here right near the court house.

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you will looking for California forms and pleadings post trial or California appeals. maybe get chatty with the librarian about your local appellate division and get some intelabout what they like AND any recent opinions of theirs. You are really going to have to put your law student aura on and casually mention your application for law school in the fall. That might make them want to help a baby bird lawyer versus a know it all pro per.

 

Make all of your briefs and motions look professional and use a century type typeface or whatever the court demands.

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maybe get chatty with the librarian about your local appellate division and get some intelabout what they like AND any recent opinions of theirs. You are really going to have to put your law student aura on and casually mention your application for law school in the fall. That might make them want to help a baby bird lawyer versus a know it all pro per.

 

I like this idea, good thinking.

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I've still yet to receive notice of the submission of Clerks Transcript, I checked registrar of actions as well. I believe clerk has 30 days to file, it's past that. I plan on speaking to someone at the courts tomorrow to try and find out what the story is.

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The Plaintiff in my case sent an opposition to my appeal. My reply to that motion has still not been ruled on since the end of October. It did not even make it to superior court until January.  Hopefully they don't oppose yours.

 

I'm confused here.  I understand it's different in other states but allowing someone to file a motion in opposition to an Appeal seems counter-intuitive to the entire process.  The whole point of an Appeal is that you think the judge did something wrong, so if that exact same judge is ruling on, supposedly, your right to even have an Appeal it makes no sense.  An Appeal is a right, as a safety-net to make sure wrongs are corrected.  All you should have had to do was correctly, and timely file your notice of appeal and follow the proper rules of appellate procedure in your state.  They can file a motion to dismiss (maybe that's what you're referring to?) the Appeal, but that motion would only come in the Appellate Proceedings. 

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