Fighting A Judgment Without Filing An Appeal Settlement Or Mediation
Options to Appealing
Depending on the circumstances in your case, you may be able to file a motion asking the court to change, fix, or cancel the judgment against you. Some of the more common motions are: a motion to vacate or set aside (cancel) the judgment and enter a different judgment, a motion for reconsideration of an order, an application for renewal, or a motion for a new trial.
Motion to vacate or set aside the judgment
This is when a party that is affected by a trial court’s judgment or order asks the same court to cancel the judgment or order that was made. There are different laws that apply in different cases, and usually you have to meet very specific requirements to be able to file a motion to set aside or to vacate. Your court’s self-help center may be able to help you; if your case is a family law case, talk to your court’s family law facilitator, or you can talk to a lawyer for advice.Motion for reconsideration
This is when a party that is affected by a trial court’s order asks the same court to reconsider the order, based on new facts, circumstances, or law. You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. The requirements are very specific.For more information, see California Code of Civil Procedure section 1008(a)
Application for renewal
This is when the same party who made a motion (a request for an order) that was refused (the entire motion or just part) asks a judge (same or different) to grant the order. This request must be based on new facts, circumstances, or law. There is no time limit. The application must also include an affidavit with information on the original order and the new facts, circumstances, or law.For more information, see California Code of Civil Procedure section 1008(b)
Motion for a new trial
A motion for new trial asks the trial court to reexamine 1 or more issues of fact or law after a trial and decision by the judge or jury. There are a number of reasons why someone can ask for a new trial, such as jury misconduct; an irregularity with the jury, a party, or a lawyer in the case; insufficient evidence for the verdict; excessive or inadequate damages; an irregularity in the case that prevented one of the parties from having a fair trial; and others. The law allowing a judge to grant a new trial is based on California Code of Civil Procedure section 657.
Your court’s self-help center may be able to give you some information about your options or you can talk to a lawyer about your case. Click for help finding a lawyer. For family law cases, you can talk to your family law facilitator.
cited https://www.courts.ca.gov/5804.htm?rdeLocaleAttr=en
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- Motion to reconsider – Cal. Code Civ. Proc. § 1008 Section 1008
- Fighting A Judgment Without Filing An Appeal Settlement Or Mediation – Options to Appealing
- Right to Truth – Victims’ Bill of Rights – Prop 8 1982
- 118.1 PC – Police Officers Filing False Reports
To Learn More…. Read MORE Below and click the links Below
Abuse & Neglect – The Reporters (Police, D.A & Medical & the Bad Actors)
If You Would Like to Learn More About: The California Mandated Reporting Law Click Here
To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166 Article 2.5. (CANRA) Click Here
Mandated Reporter form Mandated Reporter FORM SS 8572.pdf – The Child Abuse
ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS INFO BULLETIN Click Here Officers and DA’s for (Procedure to Follow)
It Only Takes a Minute to Make a Difference in the Life of a Child learn more below
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We also have the The Brandenburg v. Ohio (1969) – 1st Amendment
CURRENT TEST = We also have the The ‘Brandenburg test’ for incitement to violence – 1st Amendment
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Learn More About What is Obscene…. be careful about education it may enlighten you
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Learn More About Police, The Government Officials and You….
$$ Retaliatory Arrests and Prosecution $$
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ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!
We also have the Penal Code 118 PC – California Penalty of “Perjury” Law
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Sanctions and Attorney Fee Recovery for Bad Actors
FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here
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Know Your Rights Click Here (must read!)
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RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$
YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK
We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment this CODE PROTECT$ all US CITIZEN$
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We also have the California Civil Code Section 52.1 Interference with exercise or enjoyment of individual rights
We also have the Parent’s Rights & Children’s Bill of Rights SCOTUS RULINGS FOR YOUR PARENT RIGHTS
We also have a SEARCH of our site for all articles relating for PARENTS RIGHTS Help!
GRANDPARENT CASE LAW
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Due Process vs Substantive Due Process learn more HERE
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At the Intersection of Technology and Law
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Orange County Data, BodyCam, Police Report, Incident Reports, and all other available known requests for data below:
APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here
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Request for Proof In-Custody Form Click Here
Request for Clearance Letter Form Click Here
Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here
Request Authorization FormRelease of Case Information – Click Here
CPRA Public Records Act Data Request – Click Here
Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here
Appealing/Contesting Case/Order/Judgment/Charge/ Suppressing Evidence
First Things First: What Can Be Appealed and What it Takes to Get Started – Click Here
Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation
Cal. Code Civ. Proc. § 1008 Motion to Reconsider
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Penal Code 1538.5 – Motion To Suppress Evidence in a California Criminal Case
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Download Here this Recommended Citation
Please take time to learn new UPCOMING
The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their siteThe proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.
The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.
