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Dear Forum Members (@SeaDragon, @CALawyer, @RyanEX, @AnonAmos, and others), 

 

Lost a trial vs AMEX, FSB here in California. Judgement filed in favor of Plaintiff on Nov 30th. 

- Affiant XXXXXX, who signed on Declaration in Lieu of Testimony (with exhibits/documents) was the Live Witness at the trial. 

- Affiant XXXXXX perjured in his Declaration by giving a false address. Was served by process server - but unavailable for personal service. 

- Judge allowed Declaration and perjured Affiant to take the witness stand.  Judge allowed the exhibits and documents as evidence. 

- Judge mentioned verbally, there maybe some doubts about his testimony as Custodian of Records - towards the end of the trial. 

 

Was wondering, if I might have an Appeal case?

Kind Regards.

 

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The issue about the CCP 98 witness not being available for service becomes irrelevant when the witness appears at trial (that is what you wanted in the first place).  False testimony and lack of qualifications to testify, however, are grounds for appeal.

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Guest usctrojanalum

You really need to make a tough decision here.  Appeals are not easy to navigate by yourself.  Also, what would the standard of review be at the appellate level? if the trial court is given deference it's near impossible to win those types of appeals without some egregious error.  If they review the record de novo you have a better shot.

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5 hours ago, NbyNature said:
Appreciate, any recommendations to an Appellate Lawyer in Norther California with whom I can work with? 

You might not be able to find one.  It is not unheard of for attorneys to not want to take a case after a pro-se litigant has started it let alone gone to verdict.  The reason is many pro-se litigants make a white hot mess of things (not saying you did) and they don't want to try and clean up the mess or be held liable if they can't.  All you can do is consult a few consumer attorneys and see if they will take the appeal and at what cost.

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