Administrative Citation Defense Chat

Administrative citations were never meant for what they are being used for. Most of the issues charged prior to Gov. code 53069.4 were issues heard in a court of law as a 'crime' where YOU mounted a defense, had constitutional protections, and were fairly treated. Rarely were most small issues charg...

In oral argument and legal writing precise words matter. Remember that. As absurd as it may sound cities across California are adopting Public Nuisance Per Se ordinances. City governments are considered legislatures under the law. NUISANCE PRE SE For a 1000 years these were serious issues. p. 655 La...

Suing a hearing officer is tricky. The law looks at them like judges. As slimy as most of them are, be careful. Get tips and law from these failures. As bad, evil, corrupt as a hearing officer may be, they are difficult to hold responsible for their bad acts. It may take deep research to find a way....

While government code 53069.4 gives government authorization to issue these citations many cases fail to mention the statute in the case, pleadings or decision. To find all relevant cases you must browse or specifically search for your needed citation using various methods. ADMINISTRATIVE CITATION h...

Who supplies hearing officers for administrative hearings? Why the same company that makes the software to store, track, and issue administrative citations! www.dataticket.com, www.citationprocessingcenter.com, www.ticketwizard5000.com all the same company run by the same family in Newport Beach, CA...

We are doing a deep dive on public nuisance history. The way cities use it to fine you is complete bullcrap. Over the past few years EVERY CITY now uses the term "public nuisance" and fines you. Your trash can is a public nuisance, your flat tire is a public nuisance, your non-registered f...

Soon to be a deep dive into PUBLIC NUISANCE The issue is that code companies now write, or cut and paste code for cities. You will see the code for one city is the same as another. Use of public nuisance ~ they all have jumped on the bandwagon. Over the past few years EVERY CITY now uses the term &...

While attorneys are supposed to know this, pro per self represented parties do not. YOU cannot participate in a case, in front of a commissioner, never object, and state I did not want a commissioner. You must object at the beginning, sometimes even before the case or motion is heard. (your court lo...

Only the code officer knows. No matter what the label is, no matter what issue is, only the code officer knows what these things are. This is the inherent problem with this law. It is 100% subjective and speculative. When the code officer signs the administrative citation, you are presumed guilty. T...

This is not a published case, but the message is clear. "The primary question in this case is whether cities in California may impose a special assessment or attach a lien to real property to collect fines or penalties for municipal ordinance violations. We hold that California law prohibits ci...

Honestly, the "labels" used are stupid and confusing. So much so the courts have been confused for 30 years. Your first defense is notifying the city you are appealing. Basically its a way of you stating you are not guilty. You defend yourself in the city administrative appeal. At the city...

Whether in writing, or orally, in person, or by video, you need to make certain you voice your objections put 'on the record." There is an old saying, "if its not in the record, it didn't happen" SO, to preserve your defense you need to make certain your defense is all on the record. ...

BIRD, C.J. I respectfully dissent. Article VI, section 22 of the California Constitution allows juvenile traffic hearing officers to perform only "subordinate judicial duties." In view of this constitutional limitation, a traffic hearing officer may not make a final decision in a contested...

THIS IS ULTRA CRITICAL!!! MOST JUDGES (AND COURT COMMISSIONERS) DO NOT UNDERSTAND THIS LAW! To set the court straight on the matter you might, at the very beginning of the hearing, tell the judge "I am not here to appeal anything your honor, this is a trial de novo, a brand new trial. The City...

"In California, a defendant can serve discovery at any time after the case has been filed, without having to wait for the other side to respond or for any specific event to occur. This differs from a plaintiff, who must wait 10 days after serving the first papers or after the defendant responds...

We attempted to demurrer to an administrative citation. The "commissioner" overruled the demurrer. Of course he was wrong as a matter of law. Here is a recent demurrer tentative ruling that you can read. https://administrativecitation.com/download/demurrer-to-administrative-citation/ You c...

Courts often assign these cases to commissioners. We have warned about commissioners. A commissioner may only act as a judge upon stipulation, i.e. your consent. If you do not give consent the court must know about it. Here is a case that could have been decided differently had the person spoke up! ...

NOTE - if YOU represent YOURSELF then YOU can be declared a vexatious litigant. WATCH OUT! The newest fashion item for cities and others to attempt to label anyone and everyone a VEXATIOUS LITIGANT. This is how your opponent can stab you right in the throat at trial. And an ignorant or lazy judge, ...

You get a city ticket. We call them tickets because that is what they are! You 'appeal' to a hearing officer. The hearing officer rules against you (you can bet on that one). Your next step is to file for a de novo trial in superior court... or is it??? BEWARE!!! BEWARE!!! BEWARE!!! BEWARE!!! If you...

SENATE THIRD READING SB 2139 (Lockyer) As Amended July 1, 1998 2/3 vote. Urgency SENATE VOTE : 37-0 JUDICIARY 16-0 APPROPRIATIONS 21-0 . . . SUMMARY : Makes various technical statutory changes needed to implement trial court unification in counties which so elect following the recent approval by the...

19971998 SB2139 Sec. 216. (Amends) - Chaptered (Stats.1998 Ch.931) SEC. 216. Section 53069.4 of the Government Code is amended to read: 53069.4. (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinanc...

19951996 SB814 Sec. 2. (Adds) - Chaptered (Stats.1995 Ch.898) SEC. 2. Section 53069.4 is added to the Government Code, to read: 53069.4. (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacte...

Don't get confused with false advice or clerk BS. Superior court has no constitutional authority to "review" an administrative decision. A superior court is not legally entitled to be an Appellate Court or court of review. Read the law. AND read the law that cites the law. Collier & Wa...

Thomas v. County of Humboldt https://law.justia.com/cases/federal/appellate-courts/ca9/23-15847/23-15847-2024-12-30.html? https://ij.org/press-release/federal-appeals-court-reverses-dismissal-of-lawsuit-challenging-humboldt-countys-unconstitutional-fine-system/ Class action by Institute of Justice o...

Don't let the city or county counsel mislead you, or lie to you, or the court! Discovery is important- it helps you win your case Produce the judge signed search warrant Produce all notices you sent to me in advance Produce all photographs taken of the property ADMIT you never sent me a single notic...

TAKE NOTE - once you have been found liable by a hearing officer you may appeal to Superior Court for a brand new trial for just $25. Every person who believes they did not get a fair shake from a hearing officer (because they are paid and hired by the city) should appeal to court. While it is mis-...

IF A COURT COMMISSIONER HEARD YOUR CASE AND YOU WERE NOT ASKED TO 'STIPULATE' TO PERMIT THE COMMISSIONER TO ACT AS A JUDGE - YOU MUST APPPEAL TO THE APPELLATE DIVISION. COURT COMMISSIONERS DO NOT HAVE THE JUDICIAL POWER TO 'HEAR AND DETERMINE' LIMITED CIVIL TRIALS WITHOUR YOUR EXPERESS CONSENT. YOU ...

IMPORTANT DEFENSE Actually to be correct this should state: Misdemeanor, infraction, or civil penalty / civil fine? The citation itself is just a charging document with whatever the charges are. Misdemeanor, infraction, or administrative citation? What you are cited for and how you are cited or cha...

This was a successful complaint that made it through appeal. The case settled. This is a Florida action but generally all federal complaints are the same. Of course you would need to insert local state law. There is a second complaint below it that also proved successful in litigation. The wording i...

City of X, Plaintiff and Respondent, a municipal corporation, vs. John Doe, Defendant and Appellant, an individual. ----------------------------------------------------- Don't make legal errors. A legal error can affect the outcome. You are the defendant and appellant. The above refers to the court ...

Notice - This is not legal advice. Just our personal thoughts about these issues. A recent win in Riverside County Appellate Division! ALESSANDRA MONTANARO v. CITY OF CATHEDRAL CITY Basically, the City's fine of $5,000 ordinance was excessive. We still contend the Appellate Division's ruling is inc...

Recently, the Court of Appeal indicated we were the "defendant and appellant" after we had reclassified the administrative hearing decision to a civil action pursuant to CG. 53069.4 and CCP. 85(c). As the defendant you may be able to move your case to federal court if you fit the criteria ...

Starting off with general questions about administrative citations, the hearing process, the court process.

Expect this area to be open about 4/1

Fighting your citation even to the first level will cost the city money. If they make no money from these citations they will not issue them. Its all about the money - rarely about public safety. Fight your citation at least to the first level. You pay the fine or request waiver. You make them hold ...

If you or your attorney take a case to the Appellate Division and obtain an Opinion. We would like to post it on the site removing any identification. Appellate Division Opinion's related to administrative citations FREE SPEECH People v. William Joseph Dorsett http://administrativecitation.com/wp-co...

Remember, this is not legal advice. Continue at your own risk.

Administrator.

GENERAL STEPS OF ADMINISTRATIVE CITATION TO BE CLEAR - you have little hope of any remedy at the administrative hearing. While you must appear at it and prepare for it*, the hearing officers (who work for or are paid by the city) rule for the city most of the time. *You don't have to attend an admin...

--- ALERT - A new federal opinion permits a party to file 1983 action without exhausting administrative remedies. See 1983 thread. (consult with your attorney) Jerry Jamgotchain; Theta Holding I, Inc., (Jamgotchian v. Ferraro) --- 1. Keep every document, every letter, every email, every envelope tha...

Your opposition to the citation.

1. Read every document word by word.
2. Decide to fix, pay fine, or fight.
3. File fee waiver so you do not need to pay fine.
4. Defend yourself (file an appeal to city office) to a hearing officer.

Notice of appeal form located in download section.

Some cities only permit 7 days to file an "appeal." Typically you must pay the fine upfront. Then you file a notice to the city you are contesting the administrative citation. WARNING! If you fail to file your appeal with the city or county or agency by the DEADLINE, YOU LOSE! So, be 100% ...

Most counties have a law library. You can go in person and use their research computers and law books or you may be able to search their legal databases from your home computer. You are NOT restricted to use your own county's law library. Some counties offer many online databases and others do not. ...

Law is like a chess game. According to those in the know most lawsuits are won or lost on technicalities. When you get to superior court you will be sent a notice of case assignment. Read it carefully. Whether you have a judge or a commissioner you can eliminate them by using a 170.6 form. You are p...

This is unique law. Most lawyers have no idea what it is. THE PROBLEM: each city big or small authors its own law. How are lawyers supposed to know the laws of 540 local agencies (cities and counties) in the state of California? Of course they don't. And that is the problem. This is municipal law wi...

This is the history as we know it. Prior to 1995 municipal ordinance violations were prosecuted in superior / municipal court. Generally a city did not bring a complaint unless it was a serious issue. It took a lot, in time and money, to prosecute a person for a tiny violation. Itty bitty violations...

Alameda county administrative citations.

Alameda
Albany
Ashland
Berkeley
Castlewood
Castro Valley
Cherryland
Dublin
Emeryville
Fairview
Fremont
Happy Valley
Hayward
Hillcrest Knolls
Livermore
Newark
Oakland
Piedmont
Pleasanton
San Leandro
San Lorenzo
Sunol
Union City

Alpine county administrative citations.

Amador county administrative citations.

Butte county administrative citations.

Calaveras county administrative citations.

Colusa county administrative citations.

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