Filing a timely appeal - rejected

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Filing a timely appeal - rejected

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What is not clear is whether this case was originally in limited civil or unlimited. By the fact he went to court of appeal (and damn good for him standing up for his rights) it looks like this case was in unlimited.

Here is a very big issue for all of you who want to go to court. These cases are usually less than $35k. So, you are destined for limited civil jurisdiction (check with your local court) and you may get a commissioner and not a real judge. First, because you are in limited civil you only higher court is appellate division, and that is just the superiors and Christmas party friends of the judge who hears your case. Court of appeal is a different court altogether and they most likely don't hang with superior court judges. Your appeal to appellate division is not good. They hire, fire and eat lunch with the person who just ruled on your case. Not likely they will over turn it.

If your case could at all be in the $35,000 plus range... file in unlimited jurisdiction, not limited.

This case defines the following:

1. copy of order does not need to be attached
2. a demurrer is legal in administrative citation cases

The man's timely appeal was rejected because he did not attach a copy of the order. But the law does not state a copy must be attached.

Don's take no for an answer. Every judge, every court, every attorney... will tell you things that are 100% not true to get you to back off.

They will say things as if they are law or fact to get you to go away. Push to the end.

TIM SAKACH, as Trustee, etc., Plaintiff and Appellant, v. COUNTY OF MARIN, Defendant and Respondent.

https://scholar.google.com/scholar_case ... s_ylo=2026
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