Legal Question in Appeals and Writs in California

i want to know how to reverse an appeal from three judges two of them never heard the case before and they decided on to go with the defense side when the defense side lied and got away with it and won

Asked on 4/02/13, 9:31 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

Without knowing which court or administrative agency heard your appeal, it is not possible to provide any sort of guidance. Please repost your question.

The fact that two of the judges had never heard the case before is not relevant to anything -- that happens all the time, and in fact is desirable because you get fresh pairs of eyes on the case. Also the fact that you claim the other side intentionally misstated the record is probably not relevant, if you had a chance to correct the record before the appellate court and show the judges the other side's error.

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Answered on 4/02/13, 11:40 pm

Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Perry is right that your question is unclear. But it sounds like you have already had a hearing in the Court of Appeal and lost. There are few options available at that point, and they have very short time limits.

Please feel free to contact me directly. I have many years of experience in appeals and writs, and am certified as an appellate specialist by the State Bar of California Board of Legal Specialization -- a certification held by just 284 of the roughly 200,000 lawyers practicing in this state.

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Answered on 4/03/13, 11:45 am
Anthony Roach Law Office of Anthony A. Roach

It doesn't sound like you went to the Court of Appeal, because you state that 2 of the 3 judges had not heard your case before, implying that one of them had. But a trial judge elevated to the Court of Appeal cannot hear appeals from his or her own trial cases, and would be disqualified.

You need to repost with more information as I cannot fathom which appellate tribunal this was, such as an administrative appeal with the DMV, or something already in the court system.

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Answered on 4/05/13, 10:22 am

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