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 (or ?) must put on their case all over again.
UNFORTUNATELY in many cases YOU can caption your case any way you wish. No person checks! But if you create the case wrong the error can casue major issues such as: Limited vs. Unlimited, or Defendant vs. Plaintiff.
When you are cited by a governement agency you are DEFENDANT. Of course it makes no sense a party would be defendant when charged criminally and plaintoff when charged by citation. You "request" a trial de novo (it is a statutory right) you do not "file" a trial de novo.
https://administrativecitation.com/down ... appellant/
People v. Minor, 116 Cal. Rptr. 2d 591 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2002
https://scholar.google.com/scholar_case ... s_sdt=2006
People v. Kennedy, 168 Cal. App. 4th 1233 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. 2008
https://scholar.google.com/scholar_case ... s_sdt=2006
Per established law, the former hearing officer decision is NULLIFIED once the superior court takes jurisdiction of the case. (i.e. when YOU 'request' a trial de novo by submitting the $25 request with the court clerk). The former hearing officer decision means nothing. You should object to the City admitting the decision as it prejudices you.
https://scholar.google.com/scholar_case ... s_sdt=2006
Technically you are the defendant, not appellant. No review of an administrative decision can be made by superior court so you are in a trial de novo and you stand in the shoes of a defendant.
When you arrive at superior court, the procedure is a TRIAL DE NOVO, which places you in the same shoes as before, where you were a defendant defending yourself.
""The position occupied by the parties was identically the same under this reversal as though no trial had ever been had. 'A new trial is a re- examination of any issue of fact in the same court after a trial and decision by a jury or court, or by referees.'"
Weightman v. Hadley, 138 Cal. App. 2d 831 - Cal: Court of Appeal 1956, 839
WHY YOU ARE DEFENDANT
- You were cited, just like a traffic citation
- You requested a "trial de novo" just like a traffic citation
- The City / County must make its case against you - just like a traffic citation
- Its a brand new trial
- Cite: Collier & Wallis, Ltd., v. Astor, 9 Cal. 2d 202 - Cal: Supreme Court 1937
https://administrativecitation.com/down ... appellant/
As a contestant you are DEFENDANT defending yourself. As DEFENDANT you are entitled to certain procedure. One, you are immediately entitled to serve discovery with no waiting time. This is a limited civil case by law!
You are entitled to LIMITED CIVIL PROCEDURE
https://leginfo.legislature.ca.gov/face ... article=2.
This is a trial de novo. This is NOT an appeal. Read through this forum to cite law for your judge. You cite the law at your own risk.
You ARE NOT the Plaintiff. DO NOT mis-configure your caption*!!!
* You are NOT filing a new action! You are "requesting a statutory trial de novo." The "caption" is a paper you file with the court. The front page as seen in the linked document above.
The 'caption is the document you file to "request a trial de novo" with the court clerk.
See simple two page 'caption' forms that are supplied by a Superior Court in the download section.
(YOU CAN USE THIS ONE AS A TEMPLATE -USE PLEADING PAPER, 12 PT TYPE AND CREATE YOUR OWN)
https://administrativecitation.com/down ... appellant/
You can make one of these forms to submit. You can download pleading paper for word or other processors.
You can add "request for trial de novo."
Lastly, here is what AI says after feeding it various cases:
In a trial de novo under California Government Code § 53069.4, the city or local agency acts as the prosecuting party, and the person who contested the fine (the appellant) acts as the defendant.
Here's a breakdown of the roles:
The City (Prosecuting Party): The city or local agency that issued the original administrative fine has the burden of proof in the new trial. It must present evidence and prove its case from scratch to the superior court, demonstrating by a preponderance of the evidence that the violation occurred and the defendant is responsible. The city cannot simply rely on the previous administrative decision, which is nullified by the new trial.
The Individual (Defendant): The person who was the subject of the administrative fine and who filed the request for a trial de novo becomes the defendant. In this new court proceeding, they have the right to defend against the city's allegations, present their own evidence, and question the city's witnesses.
This procedural structure effectively flips the roles from a traditional appeal. Although the individual initiates the new action by filing a "Notice of Appeal," this action simply brings the case into the superior court for a full retrial, where the city, as the party alleging the violation, must prove its case all over again.