Motion to vacate an adverse judgment
Providers v. Rank, 270 Cal.Rptr. 796, 51 Cal.3d 1, 793 P.2d 2 (Cal. 1990):
” ‘Any aggrieved party’ may appeal from an adverse judgment…. [O]ne who is legally ‘aggrieved’ by a judgment may become a party of record and obtain a right to appeal by moving to vacate the judgment pursuant to Code of Civil Procedure section 663.” (County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736, 97 Cal.Rptr. 385, 488 P.2d 953.) Appellants having filed such a motion, the only question is whether they qualify as persons aggrieved by the judgment.
County of Alameda v. Carleson (1971) 5 Cal. 3d 730, 736 [97 Cal. Rptr. 385, 488 P.2d 953].):
“Any aggrieved party” may appeal from an adverse judgment. (Code Civ. Proc., § 902.) [2] It is generally held, however, that only parties of record may appeal; consequently one who is denied the right to intervene in an action ordinarily may not appeal from a judgment subsequently entered in the case. (Braun v. Brown, 13 Cal.2d 130, 133-134 [87 P.2d 1009]; In re Veterans’ Industries, Inc., 8 Cal.App.3d 902, 916 [88 Cal. Rptr. 303].) Instead, he may appeal from the order denying intervention. (Id) fn. 4 [3] Nevertheless, one who is legally “aggrieved” by a judgment may become a party of record and obtain a right to appeal by moving to vacate the judgment pursuant to Code of Civil Procedure section 663. (Eggert v. Pac. States S. & L. Co., 20 Cal.2d 199, 201 [124 P.2d 815]; Elliott v. Superior Court, 144 Cal. 501, 509 [77 P. 1109]; Estate of Partridge, 261 Cal.App.2d 58, 60-63 [67 Cal.Rptr. 433]; Butterfield v. Tietz, 247 Cal. App.2d 483, 484-485 [55 Cal.Rptr. 577]; Estate of Sloan, 222 Cal.App. [5 Cal.3d 737] 2d 283, 291-292 [35 Cal.Rptr. 167].) [4] One is considered, “aggrieved” whose rights or interests are injuriously affected by the judgment. (Elliott v. Superior Court, supra, at p. 509; see Leoke v. County of San Bernardino, 249 Cal.App.2d 767, 770-771 [57 Cal.Rptr. 770]; Buffington v. Ohmert, 253 Cal.App.2d 254, 255 [61 Cal.Rptr. 360].) Appellants interest “`must be immediate, pecuniary, and substantial and not nominal or a remote consequence of the judgment.'” (See Leoke v. County of San Bernardino, supra at p. 771.)
if you are looking for a Criminal Vacate Motion in California see.. Motion to Vacate a Criminal Conviction 1473.7 PC
GRANDPARENT CASE LAW
Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes
Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required
Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf
Distinguishing Request for Custody from Request for Visitation
Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment
Child’s Best Interest in Custody Cases
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder
Joinder In Family Law Cases – CRC Rule 5.24
GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center
Motion to vacate an adverse judgment
Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder
When is a Joinder in a Family Law Case Appropriate?
Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848
Punsly v. Ho (2001) 87 Cal.App.4th 1099
Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
To Learn More…. Read MORE Below and click the links Below
Abuse & Neglect – The Reporters (Police, D.A & Medical & the Bad Actors)
Mandated Reporter Laws – Nurses, District Attorney’s, and Police should listen up
If You Would Like to Learn More About: The California Mandated Reporting LawClick Here
To Read the Penal Code § 11164-11166 – Child Abuse or Neglect Reporting Act – California Penal Code 11164-11166Article 2.5. (CANRA) Click Here
Mandated Reporter formMandated ReporterFORM 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
You can learn more here California Child Abuse and Neglect Reporting Law its a PDF file
Learn More About True Threats Here below….
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
We also have the The Incitement to Imminent Lawless Action Test– 1st Amendment
We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment
We also have the Watts v. United States – True Threat Test – 1st Amendment
We also have the Clear and Present Danger Test – 1st Amendment
We also have the Gravity of the Evil Test – 1st Amendment
We also have the Elonis v. United States (2015) – Threats – 1st Amendment
Learn More About What is Obscene…. be careful about education it may enlighten you
We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment
We also have the Obscenity and Pornography – 1st Amendment
Learn More About Police, The Government Officials and You….
$$ Retaliatory Arrests and Prosecution $$
We also have the Brayshaw v. City of Tallahassee – 1st Amendment – Posting Police Address
We also have the Publius v. Boyer-Vine –1st Amendment – Posting Police Address
We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests
We also have the Nieves v. Bartlett (2019) – 1st Amendment – Retaliatory Police Arrests
We also have the Hartman v. Moore (2006) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st Amendment
We also have the Reichle v. Howards (2012) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st Amendment
Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1$t Amendment – Learn More Here
Vermont’s Top Court Weighs: Are KKK Fliers – 1st Amendment Protected Speech
We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – Letters to Politicians Homes – 1st Amendment
We also have the First Amendment Encyclopedia very comprehensive – 1st Amendment
ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!
Penal Code 118 PC – California Penalty of “Perjury” Law
Federal Perjury – Definition by Law
Penal Code 132 PC – Offering False Evidence
Penal Code 134 PC – Preparing False Evidence
Penal Code 118.1 PC – Police Officer$ Filing False Report$
Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment
Penal Code 148.5 PC – Making a False Police Report in California
Penal Code 115 PC – Filing a False Document in California
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
FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here
Awarding Discovery Based Sanctions in Family Law Cases – Click Here
FAM § 2030 – Bringing Fairness & Fee Recovery – Click Here
Zamos v. Stroud – District Attorney Liable for Bad Faith Action – Click Here
Mi$Conduct – Pro$ecutorial Mi$Conduct
Prosecutor$
Criminal Motions § 1:9 – Motion for Recusal of Prosecutor
Pen. Code, § 1424 – Recusal of Prosecutor
Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case
Mi$Conduct – Judicial Mi$Conduct
Judge$
Prosecution Of Judges For Corrupt Practice$
Code of Conduct for United States Judge$
Disqualification of a Judge for Prejudice
Judicial Immunity from Civil and Criminal Liability
Recusal of Judge – CCP § 170.1 – Removal a Judge – How to Remove a Judge
l292 Disqualification of Judicial Officer – C.C.P. 170.6 Form
How to File a Complaint Against a Judge in California?
Commission on Judicial Performance – Judge Complaint Online Form
Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves
Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case
Misconduct by Government Know Your Rights Click Here (must read!)
Under 42 U.S.C. $ection 1983 – Recoverable Damage$
42 U.S. Code § 1983 – Civil Action for Deprivation of Right$
$ection 1983 Lawsuit – How to Bring a Civil Rights Claim
18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law
18 U.S. Code § 241 – Conspiracy against Right$
$uing for Misconduct – Know More of Your Right$
Police Misconduct in California – How to Bring a Lawsuit
Malicious Prosecution / Prosecutorial Misconduct – Know What it is!
New Supreme Court Ruling – makes it easier to sue police
Possible courses of action Prosecutorial Misconduct
Misconduct by Judges & Prosecutor – Rules of Professional Conduct
Functions and Duties of the Prosecutor – Prosecution Conduct
What is Sua Sponte and How is it Used in a California Court?
Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence from Your Case
PARENT CASE LAW
RELATIONSHIP WITH YOUR CHILDREN &
YOUR CONSTITUIONAL RIGHT$ + RULING$
YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE IMMORAL NON CIVIC MINDED PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK
9.3 Section 1983 Claim Against Defendant as (Individuals) —
14th Amendment this CODE PROTECT$ all US CITIZEN$
Amdt5.4.5.6.2 – Parental and Children’s Rights –
5th Amendment this CODE PROTECT$ all US CITIZEN$
9.32 – Interference with Parent / Child Relationship –
14th Amendment this CODE PROTECT$ all US CITIZEN$
California Civil Code Section 52.1
Interference with exercise or enjoyment of individual rights
Parent’s Rights & Children’s Bill of Rights
SCOTUS RULINGS FOR YOUR PARENT RIGHTS
SEARCH of our site for all articles relating for PARENTS RIGHTS Help!
Child’s Best Interest in Custody Cases
Are You From Out of State (California)? FL-105 GC-120(A)
Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
GRANDPARENT CASE LAW
Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes
Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required
Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf
Distinguishing Request for Custody from Request for Visitation
Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
Child’s Best Interest in Custody Cases
When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder
Joinder In Family Law Cases – CRC Rule 5.24
GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center
Motion to vacate an adverse judgment
Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder
When is a Joinder in a Family Law Case Appropriate?
Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848
Punsly v. Ho (2001) 87 Cal.App.4th 1099
Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
DUE PROCESS READS>>>>>>
Due Process vs Substantive Due Process learn more HERE
Understanding Due Process – This clause caused over 200 overturns in just DNA alone Click Here
Mathews v. Eldridge – Due Process – 5th & 14th Amendment Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test
“Unfriending” Evidence – 5th Amendment
At the Intersection of Technology and Law
We also have the Introducing TEXT & EMAIL Digital Evidence in California Courts – 1st Amendment
so if you are interested in learning about Introducing Digital Evidence in California State Courts
click here for SCOTUS rulings
Retrieving Evidence / Internal Investigation Case
Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDA – Click Here
Fighting Discovery Abuse in Litigation – Forensic & Investigative Accounting – Click Here
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
Learn About Policy 814: Discovery Requests OCDA Office – Click Here
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 Form Release of Case Information – Click Here
Texts / Emails AS EVIDENCE: Authenticating Texts for California Courts
Can I Use Text Messages in My California Divorce?
Two-Steps And Voila: How To Authenticate Text Messages
How Your Texts Can Be Used As Evidence?
California Supreme Court Rules: Text Messages Sent on Private Government Employees Lines Subject to Open Records Requests
case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government Employees
Public Records Practices After the San Jose Decision
The Decision Briefing Merits After the San Jose Decision
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
Penal Code 1385 – Dismissal of the Action for Want of Prosecution or Otherwise
Penal Code 1538.5 – Motion To Suppress Evidence in a California Criminal Case
CACI No. 1501 – Wrongful Use of Civil Proceedings
Penal Code “995 Motions” in California – Motion to Dismiss
WIC § 700.1 – If Court Grants Motion to Suppress as Evidence
Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here
Notice of Appeal — Felony (Defendant) (CR-120) 1237, 1237.5, 1538.5(m) – Click Here
Cleaning Up Your Record
Penal Code 851.8 PC – Certificate of Factual Innocence in California
SB 393: The Consumer Arrest Record Equity Act – 851.87 – 851.92 & 1000.4 – 11105 – CARE ACT
Expungement California – How to Clear Criminal Records Under Penal Code 1203.4 PC
Cleaning Up Your Criminal Record in California (focus OC County)
Governor Pardons Click Here for the Details
How to Get a Sentence Commuted (Executive Clemency) in California
How to Reduce a Felony to a Misdemeanor – Penal Code 17b PC Motion
Vacate a Criminal Conviction in California – Penal Code 1473.7 PC
Epic Criminal / Civil Right$ SCOTUS Help – Click Here
Epic Parents SCOTUS Ruling – Parental Right$ Help – Click Here
Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on
Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors
Family Treatment Court Best Practice Standards
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 site
The 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.
