Archived
Plaintiff who lost appeal and was denied rehearing now filed an "UNTIMELY" appeal to Cal Supreme. Now what?
Martin's answer
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Answered on August 21, 2019
An untimely petition for review will not be filed, and so will not be either denied or granted, unless the party trying to file it applies for...
Archived
May I initiate a motion to vacate a judgment in a small claims case based on the fact that the judges violate court rules?
Martin's answer
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Answered on August 20, 2019
No, you cannot appeal the superior court's judgment in a small claims appeal to a higher court.
Archived
Do you have a right to see the discovery in your case from your pd, before you see the judge in court?
Martin's answer
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Answered on August 18, 2019
You have no due process rights in your loved one's case.
Archived
PC 1170 inmate in riverside jail earn credits? Appeal?
Martin's answer
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Answered on August 14, 2019
Though I'm not sure what you mean by "Appeal?," I can point you toward an answer on the credits question. The Prison Law Office has on its Web...
Archived
Is there a maximum amount of time that the court has to decide the appeal? Can it really take a yr., or more?
Martin's answer
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Answered on August 10, 2019
No, there is no maximum time for the Ninth Circuit to decide a case. Yes, it really can take a year or more after the last brief is filed.
Archived
How does the CA Supreme Court interpret the other party not replying to a Petition for Review?
Martin's answer
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Answered on August 07, 2019
I doubt that anyone at the Supreme Court thinks that a petition for review is more likely to have merit if the other side doesn't file an "answer"...
Archived
In a COA appeal do we write XY vs. Sup Ct in the caption where the other party has not yet appeared i.e. from a dismissal order?
Martin's answer
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Answered on August 07, 2019
In a direct appeal, the caption is the same as in the trial court, except for the addition of "and appellant(s)" and "and respondent(s)."
Do I have to serve the reporter's transcript to the respondent and give a proof of service to the appeals window that I did so?
Martin's answer
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Answered on August 06, 2019
You don't have to serve the reporter's transcript on the respondent. The respondent does not have to obtain its own reporter's transcript; it can...
Archived
If a motion to move up a motion to before trial is denied, is that appealable?
Martin's answer
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Answered on August 05, 2019
Mr. Daymude is correct, but there is another way to seek relief. You could file a petition for a writ of mandate in the Court of Appeal, asking...
Archived
How do you submit a court reporter's transcript for an appeal? Do you need a cover letter? Just turn them in?
Martin's answer
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Answered on August 05, 2019
My suggestion is to turn in certified reporter's transcripts at the Appeals window at the same time you submit your designation of the record on...
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