Its NOT an APPEAL! Its a trial de novo. New trial! New evidence!

Free citation defense tips! Administrative citations website is about educating you to defend yourself against administrative citations. This is a law created in 1995 that permits cities and counties in California to fine you for just about anything (they appear to be used nationwide). This site was established because there is little self-help from any city on how to 'properly' oppose your citation. Lawyers that know this mysterious law are hard to find. These are 'punitive' citations that enrich your city. Basically it is a way of taxing you -- because a new tax will not pass. This is an attempt to bring together all the victims of administrative citations in the 540 local agencies within California (58 counties and 482 cities). Welcome to administrative citations.
Locked
admin
Site Admin
Posts: 125
Joined: Thu Sep 14, 2023 11:00 am

Its NOT an APPEAL! Its a trial de novo. New trial! New evidence!

Post by admin »

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 & Wallis, Ltd. v. Astor (1937) 9 Cal.2d 202, 205 [70 P.2d 171] Cal: Supreme Court

"The court hears the matter, not as an appellate court, but as a court of original jurisdiction, with full power to hear and determine it as if it had never been before the labor commissioner. The act does not, therefore, in fact or in law confer appellate jurisdiction upon the superior court, but does provide a legal forum where either party to the controversy, in case he is dissatisfied with the determination of the labor commissioner, may have his rights adjudicated."

Post v. Palo/Haklar & Associates, 4 P. 3d 928 - Cal: Supreme Court 2000;
Murphy v. Kenneth Cole Productions, Inc., 155 P. 3d 284 - Cal: Supreme Court 2007) P. 897-898;
People v. Kennedy, 168 Cal. App. 4th 1233 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2008.

This is a TRIAL DE NOVO by statute

Guzman v. SUPERIOR COURT OF LOS ANGELES CTY., 19 Cal. App. 4th 705

"In construing the effect of an order granting a new trial our appellate courts have been consistent. Riley v. Loma Vista Ranch Co. (1907) 5 Cal. App. 25, 27 [89 P. 849] stated the effect was "as though no trial had ever been had ... and upon the trial to introduce any and all competent evidence. The case was before the court for trial de novo." Sichterman v. R.M. Hollingshead Co. (1931) 117 Cal. App. 504, 506 [4 P.2d 181] observed the effect "left the case at large and the parties were placed in the same position as if it had never been tried, and plaintiff was afforded the right to introduce any additional or new evidence upon the issues raised." (Italics 708*708 added.) Weightman v. Hadley (1956) 138 Cal. App.2d 831, 840 [292 P.2d 909] noted that "... plaintiff was afforded the right to introduce any evidence on the issue involved, not only the evidence introduced at the prior trial but also any additional and new evidence." (Italics added.)

Lastly DO NOT permit a "temporary judge" whether attorney or commissioner adjudicate your case under any circumstance.

File your case in "unlimited civil" that way you get into Court of Appeal when you lose. An Appellate Division will NEVER rule for you.
Locked