Use the exact same caption as used in the Superior Court. If you are seeking a writ (which would be a lot faster if successful), then it is you vs. the court (not the judge) and opposing party is the real party in interest.
You do have the option to request a hearing to have your PD replaced with another, by telling the judge you want a "Marsden" hearing. The judge will hear you out, without the DA being there or having access to any pleadings, and releive your attorney if s/he believes that is justified under the circumstances. Good luck!
It is never a good idea to bring up lots of issues, because the unimportant issues will make the important ones appear less so. You should consult with an appellate attorney about potential outcomes, because that will depend upon the specifics of your particular case. But generally, the COA will remand if you win, or just affirm the judgment if you lose. I strongly urge you to consult with one of the many excellent appellate attorneys here on Avvo before proceeding on your own.
Yes, there is, but this is not the place to obtain that information. If you are going to handle your own appeal, you should learn how to research issues like this. You can go to a law library, and much information is now available online. I highly recommend you hire an appellate attorney to assist you.
I understand you are in a world of hurt and feel you are being treated unfairly. But I don't believe anything you've said constitutes ground for an appeal.
I highly recommend you get advice from another family law attorney before proceeding further.
It depends. Matters directly relevant to the appeal are stayed, but not other matters, such as motions for attorneys fees. Without more information, it is not possible to categorically answer your question. I recommend you hire an appellate attorney through Avvo to help you with this. It may turn out that a writ is necessary to obtain a stay.
Yes, jury instructions are part of the normal record on appeal. But if there is no other mention in the Reporter's Transcript of any discussion about jury instructions, any objections off the record will have been waived. So only jury instructions that must have been given sua sponte would be a basis for appeal. If you're filing an appellant's appendix in lieu of requesting a clerk's transcript you should only include the jury instructions if you have an issue pertaining to same.
If she hasn't already and the time hasn't passed she should file a motion under CCP 473 with a supporting declaration explaining why she missed the opposition deadline and putting in there her good arguments so there'll be a way to review that if necessary
The attorney may have originally been from Tennessee, but would have to be licensed to practice law in California. If the attorney was appointed by the court of appeal, she is an appellate attorney--she would not have to be certified to be an appellate attorney. When there are no grounds to appeal, an attorney files what's called a "Wende" brief.