Legal Question in Appeals and Writs in California

Proper? Trial judge's confidential notes to court of appeal?

There was only 1 appearance before this judge, at a trial in a limited juris. case. He dismissed my case because my property is a 'corporation' and I was in pro per. He awarded the other side $12,000 in attorney's fees without allowing me to hire an attorney so I appealed. Why would he be allowed to file confidential notes to the appellate judges ?? Did I mention he also works at the same court as an appellate judge too!!!This seems blatantly unfair like the whole case was. Can I object? Interested in doing my appeal?


Asked on 2/22/08, 7:52 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Proper? Trial judge's confidential notes to court of appeal?

I have no idea what you mean by 'confidential notes', nor how you would learn of them if they were 'confidential'. If you mean his handwritten or computer notes on the file, then you can raise any grounds, issues and objections you like about them in your appeal brief, as long as you present and support them correctly. You may not have an appeal worth spending the time and money on. A corporation can not appear in court 'pro per', it must be represented by an attorney. So, the judge was probably right in that. I'm surprised that the corporation made it so far as trial; unless it had counsel up to that point. The judge has discretion to allow or deny continuances, so an appeal on that issue is risky for you. You could face another order/judgment for additional attorney fees if you lose the appeal. BTW: the corporation can't appeal 'pro per' either, so all these questions will have to be addressed to the attorney chosen for the task. Sure, if the case is in SoCal courts, I'll be happy to help you. Contact me to discuss the fees you'll incur.

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Answered on 2/22/08, 8:28 pm


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