I was charged with a misdemeanor, which made me the respondent of a pending case in the California Office of Administrative Hearings (OAH). At the same time I’m a cross-complainant to a pending limited jurisdiction case in the California superior court to which the cross-defendant is the same party that falsely reported to law enforcement that I committed the said misdemeanor. If I prevail on my cross-complaint, collateral estoppel or res-judicata might allow dismissal of the misdemeanor charge. Therefore, I want to stay proceedings in the OAH pending the outcome of my cross-complaint. Do I move the OAH to coordinate or consolidate the two pending cases? Or is there another legal instrument I should file in the OAH to stay proceedings? If there is, what legal instrument should I file and would I file it in the OAH, the superior court or both?
I would direct this question to your attorney in the OAH proceeding. More fundamentally, I would be careful in all of this, as you do not want a judge to think you are playing lawyer without a license. My overall recommendation is to keep things really simple. Win on the criminal case first and foremost. You should not be filing documents without an experienced attorney representing you, especially in this situation. There is a reason no one does a root canal on themselves using Youtube as a guide.
This is rather complex and requires a professional's touch. Recommend you retain an experienced criminal defense attorney and perhaps another attorney with experience before the OAH.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
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