james24

Filing an Appeal Against JDB

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Any information is highly appreciated. I will be representing myself because there is no lawyer available to take my case. If anybody experienced the appeals process, please chime in and help me get a step-by-step process that i will follow. Thank you guys! @HomelssInCalifornia, @calawyer and @Seadragon have been very generous of their time, resources and expertise in helping me. I appreciate you guys!

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Hello james, a summary of your case, how it went, what went wrong, and basis for your appeal will enable the board to help you better.

 

One of our members, easy619, just initiated an appeal here in California against a JDB. I suggest taking a look at the tail-end of their original thread here http://www.creditinfocenter.com/community/topic/320197-motion-to-compel-grantedthis-should-be-interesting/page-11, and then their specific appeal thread here http://www.creditinfocenter.com/community/topic/322848-my-california-appeal/.

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Thanks for the post! Trial was held Nov. 18 against CACH. I represented myself with the help of people in this forum. JDB witness appeared but i was able to establish that she cant authenticate the evidences they presented. But the jdb lawyer stated something about the affidavit of sale exhibit. It wasnt clear to me on what he said but i objected about it being hearsay and that it did not have " i certify under penalty of perjury...." Judge told me it was notarized. Evidence was admitted. I lose the case.

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So it's been a little over 2 1/2 months since the trial. What do your local rules say about filing appeals, are you still within the allowed time frame to appeal? or have you already filed and served notice on the JDB? I understand in some jurisdictions, the court says that before an appeal is granted you must first motion for a new trial. Was there a court reporter present for your trial?

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Feb 3 i went in front of the judge for motion to vacate judgment which was denied. Judge also stated that i should have looked online for the temporary ruling and could've asked for oral argument other than that, he cant do anything. That made think how they dont care for people who is not familiar with court proceedings. How was i to know that they have tentative rulings that i have to check online. What if i dont have that access? My trial and what i did in court was much similar to easy619. I did the same objections and yet i lost. There was a court reporter who charges $12 per page which will cost me another $150. Im running low on funds.

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Thinking of appeal or motion for new trial haven't decided yet...Here's a bit of background how things went at trial.. Went to trial last Monday 02/03 and lost!! My MIL worked GREAT court granted motion court excluded declaration in lieu of testimony. Judge then had discussion on legal effects of prior order granting Plaintiffs motion to compel on Jan 6. I advised I will have all my responses by deadline. Judge told me that all Admissions were already deemed admitted on 01/06/13.. I objected to that as my timeline isn't even over. (What was the point of giving me 30 days to respond!!)  Plaintiff then submitted the matter on the admission so court went in favor of Plaintiff

Any suggestions on how to proceed would be greatly appreciated

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I will try for an appeal for myself. I am going to pay anyway if i don't fight jdb. I just spoke to a lawyer today for appeal. She said it will cost me almost $7-8,000 if i get their services. I prefer to just do the appeal myself. With so many good people here, we have a good chance of getting a judgment in our favor. The people who are mainly helping me are homelessincalifornia, seadragon, and calawyer! Great people. My heroes!

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Check your local rules, but in a limited civil case it costs around 250$ to file notice of appeal, around 750 for an unlimited case. I know you popped in on my appeal thread, I have the process outlined there along with most of the forms to get you started. I sent you a PM too with the time limits for appeal. Trial courts deal with evidence, appeal deals with law. In other words, your trial judge decided that plaintiff had a preponderance of evidence to award judgement for them. The appeal court will decide if the trial judge abused its discretion in applying the statutes governing your case.

 

I would check your county superior court website and look to see if their is anything about appeals. As noted above, some jurisdictions require a motion for new trial first. Mine didn't. Also, do I understand that there was a court reporter present? If so, and your appeal is based on you objecting or other oral arguments made at trial, i think it would be worth it to pay for the transcript. Also, check to see if you qualify for a fee waiver in your county; you could potentially fight the next round for free.

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I can just file notice of appeal or does it have to come with a brief? Or maybe i can file a brief at a specific given amount of time? Thanks

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is your case a limited civil? If so, it will be around 200$ (mine was 215).

 

2nd post in my appeal thread has a timeline of what is due and when. The brief is not filed with the notice of appeal. 

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Wooow!!! Im so glad its not $700! It is limited civil. I think the judges deals with this much cases and most either dont show up or dont do post motions or appeals. What county did you have you trial. Siunds like our judge have alot in common. He gave me a compliment about being really good at this and yet didnt weigh the evidence. Thank you very much!

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A very nice appeals lawyer sent me this:

Steps for Filing an Appeal

In most cases, the Notice of Appeal must be served and filed 60 days after notice of entry of judgment, or where there is a motion to vacate the judgment or move for a new trial, 30 days after the denial of the motion to vacate the judgment or for a new trial by order or operation of law. You can use an attorney drafted form or a judicial counsel form: APP-002 (http://courts.ca.gov/forms.htm?filter=APP)

Any document deposited in a court's drop box up to and including 4:00 p.m. on a court day is deemed to have been deposited for filing on that day. (Cal. Rules of Court, rule 2.210.)

Filing fee is $775 (check with the court to make sure the fees have not increased) and a $100 deposit required by GC sec. 68926 & 68926.1. Checks are made payable to the Clerk of the Superior Court. If you don't pay it with the NOA, then the clerk will send a letter and state that the appeal will be dismissed if you don't pay the filing fee. (Rule 8.100.)

Within 10 days of the filing of the NOA, the Designation of Record and a notice designating reporter's transcripts must be served and filed. You can make your own form or use judicial form APP-003. You can elect to use an appendix instead of a clerk's transcript. This procedure is time consuming for counsel, but is best if the clerk's transcript is voluminous and contains matters that are irrelevant to the appeal or if the clerk's office is so overburdened that it is likely to take months for it to prepare a clerk's transcript.

The designation of reporters' transcripts must designate the date of each proceeding and must be served on each known court reporter. You must deposit the approximate cost of transcribing the proceedings in the amount of $650/day and 325 per fraction of day (less than 3 hours) or by obtaining an estimate from the court reporter.

After the appeal is filed, the clerk will mail a Civil Case Information Statement (form APP-004) to the plaintiff with a notice that the statement must be filed within 10 days.

After an appeal is filed and transmitted to the appellate court, it may be reviewed to determine whether it qualifies for mediation. Everything is stayed while the matter is being considered for mediation until it is determined it does not qualify for mediation or mediation is complete.

An abandonment of appeal can be filed if the record has not been filed.

Even if you decide not to appeal, you may wish to contact the plaintiff and see if it is willing to negotiate the amount of the debt with you. You also need to be aware that the plaintiff may now start to take aggressive action by attaching your bank accounts and attaching your paychecks to get the money from you. If you file an appeal, you will also need to request a stay of the judgment and file an undertaking.

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James24, were you served a notice of entry of judgement? Your time is quickly running out (if still left) for appeal. 

 

Seadragon, that's a nice motion. I think I already got that from you myself. I haven't used it yet, plaintiff hasn't attached bank or paychecks yet (not sure if they can during appeal?). I'm sitting on it though, if I were to lose appeal, that would be first thing I did I think. 

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I served the notice of appeal already. I need to send the next form in 10 days or less. I would suggest soing the motion seadragon sent because it is not an automatic stay for our case. They can still garnish our wage unless we submit the motion to stay asap

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Ah, not an automatic stay. I was wondering about that. I assume this would require normal motion protocol (reserve hearing date, serve on otherside) did you file the motion? EDIT oops, motion was posted last night

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fee waivers are only for 60 days and have to be renewed. Ask me how I learned that from the smug clerk at the courthouse

60 days after judgement, at least in my jurisdiction. i printed the rule up and brought it with me in case the clerk gave me problems.

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@easy619 what part are in currently doing right now?

I filed my statement on appeal last week. Waiting on plaintiff's statement, then judge will make revisions. How about yourself? What type of record of oral arguments are you using?

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Just filed app103 today. Fee waiver was denied so i paid $225 for notice of appeal. I will wait for them to send the fee for reporter's transcript.

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