Archived
Is it necessary to attach a transcript of oral argument to a writ of mandate on appeal if I won't cite from it?
Martin's answer
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Answered on April 30, 2016
I assume you mean that you're planning to file a petition for writ of mandate in an appellate court, challenging something the trial court did. It...
Can I file Motion for Judgment on the Pleadings after my demurrer is overruled instead of appeal to the appellate court?
Martin's answer
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Answered on April 24, 2016
As Mr. Fox stated, there is no appeal from an order overruling a demurrer. As to a motion for judgment on the pleadings, if I understand your...
Archived
Would that be the right court to file?
Martin's answer
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Answered on April 11, 2016
(1) Yes, the superior court is the right place to file it. You also have the option of filing it in the Court of Appeal or the Supreme Court (Cal....
Archived
What can I do in this situation?
Martin's answer
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Answered on April 11, 2016
Interesting discussion here. Obviously, some misinformation has been written in response to your question, such as the notion that a criminal...
Archived
Can you do a Writ to the Court of Appeal from the Appellate Division denial if it is beyond 30 days?
Martin's answer
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Answered on April 11, 2016
The 15-day period you're talking about may be the deadline for "an application asking the appellate division to certify a case for transfer" to the...
Archived
How do i appeal a restraining order filed against me?
Martin's answer
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Answered on April 09, 2016
The "Domestic Violence" page on the Judicial Council Web site (see link below) may be useful; it has a lot of information about domestic violence...
Archived
Appeal my hearing and request default judgment.
Martin's answer
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Answered on April 09, 2016
The question is confusing. If the judge granted a continuance, why was the hearing still going on 45 minutes later when your ex showed up? In any...
Archived
How do I serve a writ on the superior court in Riverside?
Martin's answer
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Answered on March 29, 2016
Service on the respondent court is by mail.
Archived
How can I challenge the court record since there was no recorder or recording of the proceedings?
Martin's answer
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Answered on March 26, 2016
Though it will be very difficult for you to prevail without a transcript of the hearing -- which is why any party going into an important hearing...
Archived
Appellate Division of Sacramento Superior Court and the Deadline to File a Notice Of Appeal
Martin's answer
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Answered on March 24, 2016
An appeal in an unlimited civil case is to the Court of Appeal; the Appellate Division of the Superior Court doesn't get involved. The 60-day...
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