Post Judgment Motions How long to file?

[TRS0430]

What is the name of your state (only U.S. law)? CA

My judge is kinda old and seems to be losing it and is making some crazy orders. This last time around he gave my ex's parents visitation time (the same time that I had been giving them for years without any prior court orders). What was really wierd is they did not file a joinder or petition and at NO time was I on any notice at all that they were requesting this or that the judge could/would order this. I was in pro per and my ex had an attorney. I spoke with an attorney that is familiar with my case and paid him $300 and he looked at the order and asked if I objected, but I said no because I did not even know this was a possibility. He said the judge violated my constitutional rights. Anyway I was going to shine it on, but now one of the grandparents is getting really nasty and sneaky and pulling crap and I dont want to be FORCED to give him visitation. My 60 days to file an appeal is up on Monday, but I know there are post judgement motions I can file to extend my time for appeal but I dont know what my time frame is to file any of them or if it is already too late? Any help would be appreciated.

Thanks!

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My judge is kinda old and seems to be losing it and is making some crazy orders. This last time around he gave my ex's parents visitation time (the same time that I had been giving them for years without any prior court orders). What was really wierd is they did not file a joinder or petition and at NO time was I on any notice at all that they were requesting this or that the judge could/would order this. I was in pro per and my ex had an attorney. I spoke with an attorney that is familiar with my case and paid him $300 and he looked at the order and asked if I objected, but I said no because I did not even know this was a possibility. He said the judge violated my constitutional rights. Anyway I was going to shine it on, but now one of the grandparents is getting really nasty and sneaky and pulling crap and I dont want to be FORCED to give him visitation. My 60 days to file an appeal is up on Monday, but I know there are post judgement motions I can file to extend my time for appeal but I dont know what my time frame is to file any of them or if it is already too late? Any help would be appreciated.

Thanks!

You could file a notice of your intent to appeal. I would be at the family law facilitator's office/self help desk first thing monday morning to get assistance on this issue, or get an emergency consult with a family law attorney.

 

[TRS0430]

yes I already downloaded the Notice of Appeal, do you have any clue what check box I am supposed to do to show jurisdiction(I didnt see one for the judge blew it big time)? And unfortunately the family law facilitator here does not help with appeals.

 

[Ronin]

This is a duplicate post however it probably belongs in this forum more so than in the civil forum since this is fundamentally a family law issue.

That said, I do not feel that from the info you have provided that you filing a notice of appeal is appropriate in this case. There is no jurisdiction for the appeals court to hear your complaint. Filing an appeal would be frivolous.

I did not object, I did not realize anyone was asking for that and it was not in the paper work or the statements in court. It was a visitation/custody modification hearing but only my ex and I went to mediation and my ex and I were the only people asking for anything (I thought). The reason for the hearing was the KA said I was moving and I was not! I told the judge I was not and that there should not even be a hearing and the judge said there was no change in circumstance...... YET when the order was sent in the mail it changed from me having sole legal custody to joint custody with my ex and gave my ex overnight visits 6 times a month and gave the grandpa visitations as well. The judge gave absolutely no reason for his rulings other than one brief statement "it is in the minor's best interests"

The order also says the orders are temporary and can be changed if needed.

Your best course of action may be to request another hearing to change the order as needed, which the order specifically says you are entitled to do.

Do the best you can to get a good family law attorney to represent you in court.

 

[TRS0430]

Now this! I jsut had a "discussion" (to put it midly) with the grandparent and his wife and secretly tape recorded the "discussion". the grandpa says that he when he was sitting in the court room (I had all the witnesses leave the room but for some reason the grandpa did not at the hearing) he was making hand signals to the judge and had his eye contact and they were sending signals back and forth and were the "only 2 adults in the room"!!!!! HOLY COW!!!!!!!!!

 

[Humusluvr]

Now this! I jsut had a "discussion" (to put it midly) with the grandparent and his wife and secretly tape recorded the "discussion". the grandpa says that he when he was sitting in the court room (I had all the witnesses leave the room but for some reason the grandpa did not at the hearing) he was making hand signals to the judge and had his eye contact and they were sending signals back and forth and were the "only 2 adults in the room"!!!!! HOLY COW!!!!!!!!!

The grandpa actually said this to you?

Weren't YOU in the courtroom? Did you see this?

 

[TRS0430]

YES he said it! And YES I was in the room. But NO I did not see it! Gpa was sitting behind me. It was wierd too because I called 20 witnesses to the hearing and the KA said I had 20 of them their. I then asked for the witnesses to leave the room (I did NOT subpoena the grandpa) and the judge had everyone leave BUT grandpa stayed! I turned to gpa and motioned with my hand for him to leave and he shook his head NO and pointed to the KA and the judge. The KA was talking and it was not my turn to talk and the KA refered to gpa and the judge nodded his head at gpa and so I figured then that no matter what I said the judge already knew he was there and I had not subpoenad him so he would not be considered a witness and the judge was not allowing me to call my witnesses anyway and the judge was not even swearing me or my ex in or anything.

 

[TRS0430]

Additionally, would this be considered an objection:

about 2 years ago the gpa took the stand and requested to be the supervisor for my ex and my kids. I said no and at two other hearings in between that first time he ever went to court and this last hearing where he was granted visitation rights I brought out evidence in court of him colluding with my ex and my ex's attorney on financial matters as well as custodial matters************** so I think it should have been obvious I would object?! And I am filling out the Notice of Appeal, but I have to file it today and do not know which law or check mark to put that gives me the right to appeal? Anyone have a clue?

 

[LdiJ]

Additionally, would this be considered an objection:

about 2 years ago the gpa took the stand and requested to be the supervisor for my ex and my kids. I said no and at two other hearings in between that first time he ever went to court and this last hearing where he was granted visitation rights I brought out evidence in court of him colluding with my ex and my ex's attorney on financial matters as well as custodial matters************** so I think it should have been obvious I would object?! And I am filling out the Notice of Appeal, but I have to file it today and do not know which law or check mark to put that gives me the right to appeal? Anyone have a clue?

Is one of them "abuse of discretion"? If so, check that one.

 

[TRS0430]

Unfortunately, no. Thank you for asking though. There is a check box for "other" and it says to enter the code and section... I wonder what code abuse of discretion would be? I am currently searching past appelate cases to see if I can find a custody/visitation case brief and other documents that would maybe help..

 

[LdiJ]

Unfortunately, no. Thank you for asking though. There is a check box for "other" and it says to enter the code and section... I wonder what code abuse of discretion would be? I am currently searching past appelate cases to see if I can find a custody/visitation case brief and other documents that would maybe help..

Ok, then tell us what the choices are?

 

[TRS0430]

The ones I think "may" apply are:

Judgement after court trial (though this was a hearing where no one was allowed to be sworn in so I am not sure it would qualify as a "trial")

CCP 904.1 (a) 2

CCP 904.1 (a) 3-13

(with both the 904.1's I am just too upset and am having a lot of trouble reading and interpeting what the law is saying that could possibly apply here and I sure would like to hear opinions on the interpretation of this code)

The last check box that "could" apply is:

Other (describe and specify code section that authorizes this appeal):

This last one does not tell me anything**************..

 

[TRS0430]

904.1. (a) An appeal, other than in a limited civil case, is to the
court of appeal. An appeal, other than in a limited civil case, may
be taken from any of the following:
(1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), or (B) a judgment
of contempt that is made final and conclusive by Section 1222.
(2) From an order made after a judgment made appealable by
paragraph (1).
(3) From an order granting a motion to quash service of summons or
granting a motion to stay the action on the ground of inconvenient
forum, or from a written order of dismissal under Section 581d
following an order granting a motion to dismiss the action on the
ground of inconvenient forum.
(4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
(10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
(13) From an order granting or denying a special motion to strike
under Section 425.16.
(b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.

 

[LdiJ]

CCP 904.1 (a) 2

CCP 904.1 (a) 3-13

If those are the only two choices, its probably the first one.

 

[TRS0430]

Thank you! I see the logic in that since we had a 2 day trial years ago which decided the custody/visitation issues and was a REAL judgement with all the formality in the world.