If I want to file a motion requesting to stay an appeal, is there any specific code of civil procedure or case law that authorizes that? I know that not every request has supporting statutes, and was wondering if there is a supporting code/statut...
That depends upon a number of factors, such as: what did the underlying judgment award? What is the factual basis for your request for a stay? There are automatic stays, trial court stays, and a writ from the appellate court is also possible, so there is no single statue or case law that could answer your question.See question
I filed a libel action and the defendant filed anti slapp motion which judge granted giving defendant 1500.00 within 10 days for me to ay. If I appeal the ruling do I still have to pay within 10 daqys and what if I cannot afford the amount to pay?
I agree with my colleague you will have to pay the judgment. In answer to your second question your best bet is to try to work out a payment plan with the defendant.See question
What is the purpose of documenting related cases in the Court of Appeal?
A bunch of reasons. For example, the justices would want to cross check to ensure they have no conflict of interest from a tangential case. And, there might be reasons to consolidate cases on appeal, thus saving taxpayers money. Finally, there may be factual information in the record of related cases that would help them come up with a fair decision.See question
I filed an appeal with a wrong code and more words. If I loose the appeal what is the next step? Thanks
Call the clerk and ask the preferred method to file an amended opening brief. Most likely they will want you to file a simple Request for Permission to File Amended Opening Brief, containing a declaration under penalty of perjury as to what led to the necessity to file the amended brief; they will probably say it is okay to file the amended brief along with the request. Good luck!See question
After prevailing on appeal (whether from the Appellate Courts or CA Supreme Court), wherein the high courts issue an order awarding costs to the prevailing party, and the prevailing party files a costs memo in the Trial Court within the allotted t...
Generally it is the prevailing party's duty to prepare a judgment for the judge's signature, and serve it on the opposing party.See question
I need advice as to procedural steps and options available in light of the opinion issued for my civil appeal. The case was tried as a limited civil action. The Superior Court panel previously certified the case for transfer to the Court of A...
You need to request that hearing date and get an amended judgment. Then you can appeal it. Deadlines are complicated by a number of factors to numerous to relate in this forum, but the rules on appeal will be on the ca appellate court's website. http://www.courts.ca.gov/documents/title_8.pdf. Here's the .pdf for your convenience. Best of luck!See question
I have an order against me for memorandum of costs from tenets I evicted. They sent it to an old address that was on file with the court and I did not get the notice. Can I appeal it?
It will depend on when the order was made. Check the rules of court on appeal (court of appeals web site has them).See question
The Appellate court rejects the Appellant’s opening brief outlining requirements that were missing in the opening brief and stating a new date by which the opening brief should be filed. Is this rejection done by the clerk or by the Justices? What...
In my experience this type of rejection is done by the clerk but it really makes no difference. You would file for an extension of time within which to file the opening brief. You can find a fillable form for that on the website for the appellate courts. Best of luck!See question
My case was ruled against on a strike, and I immediately filed a notice of appeal and then filed the other required documents on time, the hearing for his attorney fees was delayed several times. I received a copy of a letter that he sent to t...
My colleague is correct that attorneys fees can be ruled on while the case is on appeal. However, judges generally ignore letters completely. There will not be a ruling on attorneys fees until and unless the opposing party files a motion for them.See question
My brother was sentenced to 15years for supposedly armed carjacking, at the time of sentencing he was 19 years old he's now 30. He was given 10 years for a gun enhancement in which there was never a gun found! He has served 10 years already & want...
Contact your local indigent defense counsel project for appeals https://www.lacap.com/about_cap/about_cap.asp
for any assistance they may offer filing a petition for Habeas Corpus. At the least you can get the forms from them. You might also try the innocence project. https://californiainnocenceproject.org/ Good luck!