Help! A Complicated Legal Question

[oracle117]

CALIFORNIA

defendant orally moves for court to enforce settlement/judge rules in defendant's favor

defendant mails plaintiff a demand for acknowledgement of satisfaction, which plaintiff refuses to sign because plaintiff has filed a motion to vacate settlement

plaintiff files a motion to vacate settlement

at a hearing on plaintiff's motion, judge rules against the motion based on a technical issue related to time of filing and proof of service supposedly not in case file (it was and plaintiff has proof)

plaintiff files an appeal of the judge's ruling against the motion to vacate.

the appeal has been filed and record designated and case statement filed...waiting for word of when brief is due.

now defendant mails a notice of motion to compel compliance with acknowledgement of satisfaction asking the judge to have the clerk to enter it.


QUESTION: can the defendant be granted this before the appeal is heard and decided?
i need to respond to motion and do not know if this is allowed?

thanks for your help!

 

[seniorjudge]

"... can the defendant be granted this before the appeal is heard and decided?..."

Yes

 

[rmet4nzkx]

What were your grounds for appeal?
Was proof of service filed with the court?

 

[oracle117]

clarification and question

california

If the judge has the clerk enter acknowledgement of satisfaction, where does the money go? The defendant mailed a check after I would not sign the "settlement agreement" and I mailed it back.

If the clerk enters acknowledgment of satisfaction how does that affect my appeal, if the appeal has not been heard yet?

The proof of service was filed with the court, the motion was filed and notice of motion/points and authorities were filed on time, but the judge's ruling stated that there was no proof of service filed with the court. I said there was. After the hearing, I went to the court file and it was there just like I said it was.

This is par for the course if you are a pro per in the superior court of san diego from my experience. The judge has outright lied several times, the defendant lies...the judge always sides with the defense and totally cuts me off and ignores any evidence I submit to proof my points, etc. The judge laughs and is real nice with the defense and talks to me and treats me like i am a bad little girl who has no place in court.

It is shocking and a very frustrating. Before this experience I had the illusion that if no one else is, at least judges are fair and honest. As a friend recently reminded me...judges are just lawyers.

Now I cling to the illusion that maybe the appeals judges are a higher caliber?

 

[seniorjudge]

"If the judge has the clerk enter acknowledgement of satisfaction, where does the money go?"
It goes to whomever it is supposed to go to per the settlement agreement.

"If the clerk enters acknowledgment of satisfaction how does that affect my appeal, if the appeal has not been heard yet?"
Based solely on the fact you gave, it will be very difficult to prove that an acknowledgment of satisfaction has not in fact been entered.

 

[Florid-aise]

Would not it be prudent to file one of the following. A motion for a stay pending appeal; or a motion for appeal court to take total jurisdiction?

The brakes have to be applied somewhere, somehow in this instance, in the interests of justice, correct?

 

[seniorjudge]

...A motion for a stay pending appeal; or a motion for appeal court to take total jurisdiction?....

Yes; something along those lines should be filed probably. OP should check with his lawyer today!

 

[oracle117]

follow up question

california
what does appeal court to take total jurisdiction mean? i have not heard of that?

thanks, you guys have been very helpful and I greatly appreciate it!!

 

[seniorjudge]

california
what does appeal court to take total jurisdiction mean? i have not heard of that?

thanks, you guys have been very helpful and I greatly appreciate it!!

Thank you; your appellate attorney will explain all the details to you.

 

[oracle117]

To Senior Judge

To: Senior Judge

Some Of Us Can Not Afford An Appeals Attorney, So We Have To Do The Best We Can To Be Able To Have Our Day In Court, Which Is Very Hard.

I Have Had To Spend An Enormous Amount Of Time Trying To Keep Up With My Case And With Researching And Learning And The Occasional Question On This Board I Have Done Well. As Well As You Can If You Are Not An Attorney...and Part Of The "game". It Is Not A Matter Of Whether You Know What To Do And Do It Correctly, It Is A Matter Of Whether You Are A Pro Per Or Not That Is The Difference. In Fact, The Better You Do As A Pro Per, The Meaner And Nastier You Are Treated By Judges Who Lie And Show Obvious Disdain For You...how Dare A Pro Per Think They Can Represent Themselves.

I Am Appreciative To Those On This Board Who Have Knowlege And Take The Time To Help Other People Like Myself. They Do It Out Of Kindness.

You Apparently Are One Of The Handful Of Losers With Nothing Better To Do Who Respond... Who Get Off On What You Think Are Amusing And Clever Remarks, But Are Not Even Mildly Entertaining And Just Waste Board Space.

"senior Judge"? You Probably Are One....you Fit The Bill....
Go Play With Yourself Under Your Robe!!

 

[seniorjudge]

CALIFORNIA

defendant orally moves for court to enforce settlement/judge rules in defendant's favor

defendant mails plaintiff a demand for acknowledgement of satisfaction, which plaintiff refuses to sign because plaintiff has filed a motion to vacate settlement

plaintiff files a motion to vacate settlement

at a hearing on plaintiff's motion, judge rules against the motion based on a technical issue related to time of filing and proof of service supposedly not in case file (it was and plaintiff has proof)

plaintiff files an appeal of the judge's ruling against the motion to vacate.

the appeal has been filed and record designated and case statement filed...waiting for word of when brief is due.

now defendant mails a notice of motion to compel compliance with acknowledgement of satisfaction asking the judge to have the clerk to enter it.


QUESTION: can the defendant be granted this before the appeal is heard and decided?
i need to respond to motion and do not know if this is allowed?

thanks for your help!

Of course nothing in your post indicated that you were representing yourself. So, if you are representing yourself, I withdraw my original advice and substitute it with this:

Appellate court judges like things obvious and clear. Learn to write standard English in clear and concise language. In your motions and briefs, start out by saying exactly what it is you want and then give three good points as to why you should have it.

Most lawyers cannot even do what I just told you in the prior paragraph.

Your nasty post to me is a good example of not pointing out something obvious: i.e., you do not have a lawyer. If you are going to represent yourself, then do not assume the judge will know what you are talking about.

 

[meganproser]

SJ obviously does not need help from anyone…the following is for my own satisfaction.

>>It Is Not A Matter Of Whether You Know What To Do And Do It Correctly, It Is A Matter Of Whether You Are A Pro Per Or Not That Is The Difference.

I’m tired of seeing Pro Per plaintiff’s rant about the lack of respect and even abuse they sometimes take from attorneys and judges. Do you think a license to practice law ensures immunity from the politics that pervade every aspect of our lives?

A Pro Per party suffers no more prejudice and unfairness than any attorney the judge has taken a dislike to. The difference is, the Pro Per party has many ADVANTAGES that the attorney does not have. The Pro Per party is the ultimate “minority” in the legal system and is therefore given protections a licensed attorney does not have.

Stop whining about how hard it is for you to represent yourself and be thankful you live in a country that allows you, regardless of the burden it places on the system, to do so. Stop assuming that every legal professional has a problem with Pro Per. Such a prejudice is as unfair as the prejudice some attorneys have against you.

If you want to get respect, start by giving it to others until they actually do something to prove themselves unworthy of it.

SJ certainly did nothing to warrant the personal attack you directed at him. He answered some important questions for you and you responded by indulging in some displaced anger. Not only was that unfair, it was contrary to your own best interests.

I hate to sound so bossy, but you are clearly intelligent enough to know better. I understand your frustration with lying judges and defendants but it does not give you the right to abuse others. Try to step back a bit and regroup…keeping a good attitude is a significant factor in any battle.

 

[seniorjudge]

...SJ certainly did nothing to warrant the personal attack you directed at him. He answered some important questions for you and you responded by indulging in some displaced anger. Not only was that unfair, it was contrary to your own best interests....

Most judges I know (and I know bunches of them) like things plain and obvious. Never assume a judge knows anything.

 

[rmet4nzkx]

I asked in the begining, what is the basis of your appeal, who's error? What section of the Ca. ccp? Have you filed and served notice?

 

[rmet4nzkx]

I asked you a simple quesiton, you didn't answer it, It appears you want to appeal a case you won, but didn't like the judgement or it isn't enough to cover your cost, those are not grounds for appeal.
You have started 34 threads about your plight which you brought onto yourself.
Here is a link to your first thread where your attorney fired you as a client.
https://forum.freeadvice.com/showthread.php?t=147403
Now please cite me the grounds for your appeal, otherwise if you sent back the settlement check you have demonstrated by conduct that you forgave the debt not notice of appeal. Ca. EC 622-623.
"When one represents himself, he has a fool for a client". ...