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 notice as required by law
- etc. etc. etc.
This is a very good book that you can download FREE through most online law libraries. It gives you the basics on how to represent yourself in a civil action. A limited civil trial is a limited civil action.
NOLO - Represent Yourself in Court
https://store.nolo.com/products/represe ... -ryc.html?
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Whoever authored this law should be sent out to pasture. This is a very confusing process to the first time citation recipient. it is so confusing in fact many courts, city attorneys, and many judges do not follow the law - AND THAT IS THE BIGGEST PROBLEM! The 58 court jurisdictions interpret this law differently. This is why we sought out discovery rulings so you can show your judge discovery is a matter of right. You get discovery if you want it. Period.
You get a citation. You are the defendant. You disagree with citation. To defend yourself you 'appeal' to a city or county hearing officer. You lose (because that is the game - everybody loses and the local agency get's rich!).
(Or - if your constitutional or civil rights have been violated you do not have to exhaust your administrative remedies and you can file a 1983 action directly in federal court bypassing any bad hearing officer rulings, bad state court rulings, etc.)
Again, you disagree with the hearing officer. You now 'appeal again - but now to Superior Court where you are entitled to a brand new trial on the merits. (of course they set this procedure on purpose because most working people don't have the time or desire to go through all this BS)
While the label (name) is 'appeal' in superior court - the 'process' is really a NEW TRIAL (the first trial).
The hearing officer's determination meant nothing. This all has to do with the constitution and the fact that a court cannot 'review' an administrative decision. A true appeal is a 'review' and that is why the name does not fit.
When you 'appeal' and request a trial de novo, a Superior Court must stage a new trial, consider the facts, hear witnesses, and this is why discovery is permitted - because this case is now a new limited civil case - not a review. (some courts like Santa Cruz County don't want to understand this)
In your new limited civil trial (a trial on the merits), a judge is supposed to consider the facts anew, and hear witnesses anew, and hear new facts, and new witnesses. So 'appeal' is a stupid misleading name and it is totally confusing because the process is a new trial, not a review of 'only' the old evidence. This case explains the issues (Collier & Wallis, Ltd. v. Astor (1937); (Sales Dimensions v. Superior Court (1979); Murphy v. Kenneth Cole Productions, Inc. (2007) and many other supporting cases regarding Superior court review of administrative decisions.
Aside from this certified Court of Appeal case that addresses the issue of discovery, (Dedication & Everlasting Love to Animals, Inc. v. City of El Monte, 85 Cal. App. 5th 113 - Cal) See five rulings below that find that 1. the case is limited civil and 2. discovery per limited civil is permitted. Note that in limited civil - DECLARATIONS as testimony ARE PERMITTED! Get everyone you know to write a declaration.
As a defendant you can hit them with discovery as soon as you request the TRIAL DE NOVO (appeal) in superior court. You are Defendant and Appellant. DO NOT PERMIT THEM TO LABEL YOU PLAINTIFF!!!
This is a TRIAL DE NOVO, they are prosecuting you, that makes you defendant.
The code 53069.4 labels the local agency's 'evidence' as the case file (Not an administrative record). An administrative record is for writ of mandate proceedings where NO further discovery is permitted. The Court of Appeal 'mandate court' reviews the record for error thus no new evidence!
A TRIAL DE NOVO is not a writ of mandate. A TRIAL DE NOVO is a new trial with new evidence permitted. The local agency case file is lodged AND both sides put on a new trial with new or additional witnesses and new evidence.
New evidence mandates discovery. The case is designated a limited civil case AND in a limited civil case discovery is controlled by CCP. 94.
Chavez v. City of Los Angeles, 224 P. 3d 41 - Cal: Supreme Court (P 989) (2010)
Dedication & Everlasting Love to Animals, Inc. v. City of El Monte, 85 Cal. App. 5th 113 (2022)
Ytuarte v. Superior Court 129 Cal. App.4th 266 (2005)
SEE DOWNLOAD SECTION OF MAIN WEBSITE - DOWNLOAD AND PRESENT DISCOVERY RULINGS TO YOUR JUDGE
Here are FIVE JUDGES' RULINGS clarifying this is a new trial and discovery is permitted.
https://administrativecitation.com/downloads/
1. Judge Blizzard (Sacramento county) (see download section)
2. Judge Cadei (Sacramento county) (see download section)
3. Judge Ochoa (San Bernardino county) (see download section)
4. Judge Honigsberg (Sonoma county) (see download section)
5. Judge ....