easy619

My California Appeal (Edit: I Won!)

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Good to hear it went well and you were treated well.  Don't be suprised if the otherside is absent throughout the process.  Remembe they are sitting on a judgement that cost them very little. They have a good profitl margin on your account right now. 

 

Most CA's/JDB attorneys don't have copy and paste litigation forms already in the computer as they do for regular case work.  Further, there is likely one or no attorney in the mix to respond.  If they go outside then they have to spend money, which drives down the profit margin. 

 

So if I am in their shoes I will let the pro se clear all the hurdles first and not spend a dime, then if and only if maybe I begin to participate in the appeal..  Don't remember how much you case was worth, but at they burn alot of dollars having to do real lawyering...

 

Best of Luck keep the fight!!!

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Good to hear it went well and you were treated well.  Don't be suprised if the otherside is absent throughout the process.  Remembe they are sitting on a judgement that cost them very little. They have a good profitl margin on your account right now. 

 

 

There is an AZ case where the Court disfavored the Appellee's no-show.

 

Tiller v. Tiller, 402 P.2d 573, 98 Ariz. 156 (1965)

 

http://scholar.google.com/scholar_case?case=17916476272922313165&q=info:zcE_oj4cpPgJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

"Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a)2, Rules of the Supreme Court, 17 A.R.S.

As there are debatable issues this Court will assume that the failure to file an answering brief is a confession of reversible error on the part of the appellee.

 

Judgment reversed."

 

May be, you could find similar CA case.

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Don't be suprised if the otherside is absent throughout the process.  Remembe they are sitting on a judgement that cost them very little. They have a good profitl margin on your account right now. 

 

Most CA's/JDB attorneys don't have copy and paste litigation forms already in the computer as they do for regular case work.  Further, there is likely one or no attorney in the mix to respond.  If they go outside then they have to spend money, which drives down the profit margin. 

 

So if I am in their shoes I will let the pro se clear all the hurdles first and not spend a dime, then if and only if maybe I begin to participate in the appeal..  Don't remember how much you case was worth, but at they burn alot of dollars having to do real lawyering...

 

Best of Luck keep the fight!!!

 

I think you hit the nail on the head. I think they've already had to send more rent-a-lawyers to hearings, as well as sending one of their higherup in-house lawyers to multiple hearings and trials, bringing a witness (Who they had to pay), they've spent far more than they wanted or planned to. As I understand, appeal filings cost for both sides, their first doc filed will cost them around 300-400 if i remember correctly. so I think their proceeding with caution and trying to avoid spending (or working on) my appeal until they absolutely have to (briefing). Though, they wouldn't have much reason to argue with my proposed statement as it is a valid reflection of trial. The issue is whether a majority of a panel of appellate division judges will agree that the trial court erred in overruling my objections to non-code compliant actions by plaintiff.

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There is an AZ case where the Court disfavored the Appellee's no-show.

 

Tiller v. Tiller, 402 P.2d 573, 98 Ariz. 156 (1965)

 

http://scholar.google.com/scholar_case?case=17916476272922313165&q=info:zcE_oj4cpPgJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

"Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a)2, Rules of the Supreme Court, 17 A.R.S.

As there are debatable issues this Court will assume that the failure to file an answering brief is a confession of reversible error on the part of the appellee.

 

Judgment reversed."

 

May be, you could find similar CA case.

We haven't made it to briefing yet. Though if they neglect to file a brief, this could be useful.

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There is an AZ case where the Court disfavored the Appellee's no-show.

 

Tiller v. Tiller, 402 P.2d 573, 98 Ariz. 156 (1965)

 

http://scholar.google.com/scholar_case?case=17916476272922313165&q=info:zcE_oj4cpPgJ:scholar.google.com&hl=en&as_sdt=0&oi=scholarr

"Appellee has not favored us with a brief and this case has been submitted for decision under Rule 7(a)2, Rules of the Supreme Court, 17 A.R.S.

As there are debatable issues this Court will assume that the failure to file an answering brief is a confession of reversible error on the part of the appellee.

 

Judgment reversed."

 

May be, you could find similar CA case.

No California equivalent, here it is appellants burden to show reversible error, if the respondent does not file a brief. The court will decide based on caselaw.

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San Diego Court. Plaintiff Got my friend hammered.  We lost the case.

 

I will need to appeal.

 

The same crap. happen to my friend as it happen to you. but WORSE. my friend just froze up. I wish i could have said "Objection, Objection"

 

They had a JDB Minion on stand. asking about how qualify he/she is and if he/she recalls this documents. of course he/she does.

 

We lost this round. and i really can't train my friend how to respond to this kind of a$$%hole. So i guest i have todo the majority of the appeal paperwork. and rent a Rent-A-Layer just to go to the court and help my friend out.

 

The Judge Allowed all the BIll of Sale and all other junk to be filled as evidencne....

 

Going to check on this thread for updates regarding  "easy" appeal process.

 

Easy. We live in the Same City. San Diego.. If you could please assist us on this. i need some tips. maybe a Drink of Starbucks. on us? Also I'm going to hire a rent a lawyer. if you know any good one. please message me. I'm not a lawyer so i can't be on the stand with my friend to help him object to all the crap the JDB is pulling

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Now going forward, what can you do to block wage garnishment? prepare for it by knowing what to file such as a claim of exemption, prepare for court.

Your friend must be devastated but these things are surviveable. Motion to vacate is one option still available if the debt is outside the sol it is void.

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How long does Judgement/Wage Garnishment actually last before it has togo away?   It last on your record for 7 years. then it goes away

Does Judgement hurt my credit?  Yes

 

I have found this information. My friend gots kids and make minimum wage. I will attempt on assisting/Guide him on the correct information to help him Elimated this Judgement.

 

 

 

To Eliminate the Wage Garnishment

If you won’t be able to afford basic living expenses for yourself or your family with the wage garnishment, here are some of your options:

File a Claim of Exemption

Your state laws provide you with various protections called exemptions that you may claim to reduce or totally wipe out a garnishment. These exemptions allow you to keep your income based on whether you make a certain amount of money, you provide support to a dependent, or your income falls into a special category such as social security, public assistance, or retirement benefits.

The head of household exemption. Most states offer a Head of Household or Head of Family Exemption. You may claim this exemption if you provide more than 50% of the support for a child or other dependant. This exemption protects all of your wages unless you agree to a wage garnishment in writing.

 

Complete and File the Claim of Exemption Form with Your County Clerk’s Office. You may obtain the form online or from the clerk’s office itself. Select the appropriate exemption and file the claim with the clerk. The clerk then sets a hearing that you must attend. You should bring to this hearing proof of your income and all expenses so that you can show the judge that you cannot afford basic expenses necessary to live.

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Meanwhile, the Clerks Transcript is soon to be filed, no opposition to my revised Statement on Appeal. However, a few exhibits from trial that i requested be submitted were unable to be located. I have copys of them from the trial, but am unsure of how to submit. I received a letter from the clerk stating to submit the conformed (confirmed?) copies of the documents to the appeals division within a week. I have been scanning the title eight rules for info on this, but my eyes are failing me. Anyone care to browse through and help me find something? Best I've found is to submit the documents with a copy of the request for the docs. I'm just wondering if I need to prepare a more official filing, on then just sending a letter stating that "here are the docs requested by the clerk to complete the file, the request is attached hereto". I also wonder if this needs to be served on respondent as well, giving them a chance to object or something. But the docs are the ones they provided me in court, with court exhibit numbers printed on them. 

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@easy619

Info I found on "conformed copies" below. It's not a term I'm familiar with, unfortunately I'm not sure what to make of how it's applied in your circumstance.

 

 

http://legal-dictionary.thefreedictionary.com/Conformed+Copy

A duplicate of a document that includes handwritten notations of items incapable of reproduction, such as a signature, which must be inscribed upon the duplicate with the explanation that it was placed there by the person whose signature appears on the original document.

Under the best evidence rule, a conformed copy is admissible as evidence in a lawsuit when the actual document is not available because it has been lost or destroyed. It is considered secondary evidence, while the original document is primary evidence. State and Federal Rules of Evidence determine the admissibility of a conformed copy in their respective judicial proceedings.

 

 

California Rules of Court 8.124: http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_124  - check out subdivision (d) at the bottom.

Subdivision (d). In current practice, served copies of filed documents often bear no clerk's date stamp and are not conformed by the parties serving them. Consistently with this practice, subdivision (d) does not require such documents to be conformed. The provision thereby relieves the parties of the burden of obtaining conformed copies at the cost of considerable time and expense and expedites the preparation of the appendix and the processing of the appeal. It is to be noted, however, that under subdivision ( B)(1)(A) each document necessary to determine the timeliness of the appeal must show the date required under rule 8.104 or 8.108. Note also that subdivision (g) of rule 8.124 provides that a party filing an appendix represents under penalty of sanctions that its copies of documents are accurate.
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conformed copies are stamped "Filed" and indicate the date of filing.

The documents I'm submitting are court exhibits from trial, so they were never stamped or filed . I'm kind of surprised they don't have them, shouldn't exhibits used in court to win the trial be kept as part of the record?  I have the copies of the exhibits provided to me at trial, I kept them in my trial folder. They're not filed or stamped, but they have an exhibit number printed on them. The code cited by ryanex deals with an appendix, which is a form of record put together by the appellant instead of the clerk, but they don't have to be conformed copies, because they were never conformed in the first place. I guess I'll just submit the docs to the appellate division along with a letter stating what they are and a copy of the letter from the trial clerk requesting I submit the docs if I want them to be included. 

 

Thanks for helping to look around @RyanEX  I thought I had read  something concerning this exact situation where a doc is missing from the trial courts records, but I can't seem to find it again.

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The documents I'm submitting are court exhibits from trial, so they were never stamped or filed . I'm kind of surprised they don't have them, shouldn't exhibits used in court to win the trial be kept as part of the record?  I have the copies of the exhibits provided to me at trial, I kept them in my trial folder. They're not filed or stamped, but they have an exhibit number printed on them. The code cited by ryanex deals with an appendix, which is a form of record put together by the appellant instead of the clerk, but they don't have to be conformed copies, because they were never conformed in the first place. I guess I'll just submit the docs to the appellate division along with a letter stating what they are and a copy of the letter from the trial clerk requesting I submit the docs if I want them to be included. 

 

Thanks for helping to look around @RyanEX  I thought I had read  something concerning this exact situation where a doc is missing from the trial courts records, but I can't seem to find it again.

Is this any help?

 

http://www.avvo.com/legal-answers/missing-exhibits-from-clerk-s-transcript-on-appeal-1479035.html

 

CRC Rule 8.843

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Yes! It was the rule 8.843 I was looking for. I don't think I'm required to file a motion in this situation, as it was an "original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.832 or included in the original file under rule 8.833." So I must serve and file a notice in the trial court designating such exhibits. I don't think another Notice Designating Record on Appeal form would be appropriate here, and may cause confusion. I think I'll just type up my own notice on pleading paper and attach the docs with that, and file and serve.

 

I did find this article while looking around, has some good advice on California appeals: http://www.ehrlichfirm.com/articles-briefs/basics-of-california-appeals.html

 

Thanks for helping clear that up @ryanex 

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Here's what I came up with for a Notice of Designation (put on pleading paper)

 

NOTICE IS HEREBY GIVEN pursuant to Rule 8.843 (Transmitting exhibits). Appellant requested several original exhibits that were admitted in evidence at trial to be included in Clerk's Transcript. Appellant was notified by the court that the original exhibits could not be located. Please note that conformed copies are not available, as the original trial court exhibits were never stamped nor filed. The following trial court exhibits are attached, as provided to appellant by plaintiff at trial:

-Plaintiff's #5 Bill of Sale

-Plaintiff's #6 Affidavit of Martin Lavergne

-Plaintiff's #7 Field Data Sheet

I have also attached a copy of the request for the exhibits made by [CLERK's NAME], Clerk of the Superior Court.

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Well, I didn't end up having to file the notice of designation, the appellate division clerk told me i could just leave the exhibits, since they were requested by the trial court clerk the notice wasn't necessary, nor is serving on respondent.

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Hi, Just got back from camping and found the superior court reversed the judgment in my appeal. Ironically Martin Lavergne was also the affiant in my case but it did not matter.

The hearsay law was not met by the plaintiff as no witness was provided.  I will send you the ruling soon as it is late but I know it will help you!!!!!

 

And the case law  used was alot Seadrgon gave me from CA, even though I'm in Az thy will look to sister states if there is no precedent.

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Hi, Just got back from camping and found the superior court reversed the judgment in my appeal. Ironically Martin Lavergne was also the affiant in my case but it did not matter.

The hearsay law was not met by the plaintiff as no witness was provided.  I will send you the ruling soon as it is late but I know it will help you!!!!!

 

And the case law  used was alot Seadrgon gave me from CA, even though I'm in Az thy will look to sister states if there is no precedent.

 

Hey that's great news! Congratulations.

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Hi, Just got back from camping and found the superior court reversed the judgment in my appeal. Ironically Martin Lavergne was also the affiant in my case but it did not matter.

The hearsay law was not met by the plaintiff as no witness was provided.  I will send you the ruling soon as it is late but I know it will help you!!!!!

 

And the case law  used was alot Seadrgon gave me from CA, even though I'm in Az thy will look to sister states if there is no precedent.

Love it. Good job, congratulations! I can hope for a similar outcome. Things are moving along now, briefing schedule will begin soon I would imagine, as the record on appeal is now filed. I imagine Martin Lavergne has "signed" a few million affidavits. 

 

I believe my appeal will boil down to whether the appellate panel believes that CCP96/97 is meant to be enforced as written, or if a judge's judgement call can override the (very specifically stated) statute. I will likely be using a lot of the same case law, as CCP 96/97 case law is either non-existent or very hard to locate. I think I will try to bolster my argument by citing some cases where similar statutes were strictly enforced, insinuating that while there may not be binding ccp97 case law, here are numerous cases where appeals judges agreed that statutes are meant to be enforced as written.

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I had been meaning to post this is well; This is (most of my) trial binder. It has all of my cross exam questions, objections, case law, ect.  It is, of course, tailored to my case. So if you would like to borrow from it, please do, but remember to only use what applies to your case.  Trial Notes.docx

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