What to expect after I filed a Petition for Writ (Limited Civil Case - APP-151) in appellate div. of Riverside Superior Court?

Asked about 2 years ago - Murrieta, CA

I requested a Stay yesterday ordering d trial court not 2take any further action until a decision 2grant or deny my petition, il suffer loss of home 4plaintiff's illegal/retaliatory eviction. Judge continues d proceeding w/error 2d law, disregard facts, told in open court "right or wrong" that's his decision (abuse of discretion; transcript requested).I petitioned:1) 2reverse & grant Motion 2Quash Service of Summons 4lack of jurisdiction & bad/defective/fraudulent service-forged POS-010+all Judicial council forms; 2)Dismiss/Stay UD Trial 2day pending my Demurrer set Nov.; 3)Stay Order 2post unjust & excessive bond b4 trial(w/c is a double payment coz I'm paid-not in default & hv right 2repair & deduct C.C.1942).Will Judge vacate or proceed?Should I attend trial or just send copy of APP151?

Attorney answers (3)

  1. Gayle Anne-Marie Gutekunst

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with Mr. Mataele. Attend the trial and be ready to proceed.

  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    Answered . Filing a writ doesn't usually stay the case. Also writs are generally denied because it is rare that there is sufficient reason to grant it. If you're counting on a writ, that probably won't happen. They are usually decided within a few days because of their nature.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  3. Timothy A. Provis

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Dear ?,

    You say the trial judge denied your request for a stay. So, unless the appellate division stays your case pending its decision on the merits of your petition, then your case will be heard on its merits at the already scheduled time. You ask: "Should I attend trial [?]" If you do not, you will lose by default. Now, it is possible the appellate division will give you the stay you want, but not likely. Whether there is any merit to your petition, no one here can say since we are not familiar with all the facts of your case or the proceedings in your case so far, nor have we read your petition.
    If you want to know more about writs, then you should go to the county law library and look up a book entitled California Civil Writ Practice which is published by California Continuing Education of the Bar (CCEB).

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,552 answers this week

3,233 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,552 answers this week

3,233 attorneys answering