Evidence evidence evidence

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Note that 58 court jurisdictions don't seem to talk and collaborate with each other. You will need evidence. Evidence includes drawings, maps, photographs, declarations of your friends and witnesses, official documents, and anything you can possibly think of to prove your case.

In short, every document you present in the first hearing - before the hearing officer, will be sent to the court by the city when you file your, "second" appeal to the superior court. (these names are stupid and confusing but for a reason). The first hearings are administrative hearings and the rules always have reasons. Remember, the administrative hearing officers findings are, by law, to be given, no deference in superior court. (Collier & Wallis, Ltd., v. Astor, 9 Cal. 2d 202, 70 P.2d 171 (1937).)

When you are cited you are the defendant. When you 'appeal' you are Defendant and Appellant. That is how you caption your documents. John Doe, Defendant and Appellant.

Bring every document that is evidence that benefits you. Make a copy and MAKE SURE you shove it right in the hearing officer's lap. Make sure you state - please place all these documents in to evidence and push them over the table to the hearing officer. Don't being documents that benefit the other side - let them find their own documents.

Declarations are not hearsay in these hearings. Now that we know how this all works it would be good to bring declarations from friends, family, neighbors, a real estate agent, professionals in a related business etc. All refuting the code officer's citation comments.

You may obtain a sample here. Just state facts, no emotion. Make copies of each declaration and shove them in the hearing officers face. Make sure they are made part of the "record."

Code officer says "the green rocker on your porch is a public nuisance." Your grandmother declares "(1) I am 80 years old, (2) I worked my fingers to the bone during my whole life, (3) green is my favorite color, (4) my back hurts everyday as if I played in the super bowl, (5) my only son, who died serving this country, bought this chair for me, (6) there have been no complaints in the neighborhood regarding the chair, (7) the chair makes my back feel wonderful, (8) not a single neighbor has ever complained. Get declarations that support your side, and trash the code officer.

https://www.courts.ca.gov/partners/docu ... SAMPLE.doc

You will most likely go before a hearing officer. Hearing officer is a person who will determine your case. Typically they are chosen by the city manager. You will present your evidence to the hearing officer and make certain they have a copy that is placed in the file that will be lodged with the court. Again, make certain you bring a copy of every document and you push it over to the hearing officer to be placed in the file that will be lodged with the court. They get a little tricky. You might present your information and put it right in front of you and they will not accept it and place it into evidence.

Generally the file that a city lodges with the court is named the administrative record. In this statute they did not name it the administrative record mean named it the case file. This is a critical issue because the file lodged with the court is already evidence and you do not have to qualify it as evidence again in court which sometimes can be difficult. Best practice is to copy every piece of paper that will benefit you in any way and force it into the face of the hearing officer when you present your case.

Also very important in these cases and in limited civil jurisdiction is that you can use declarations instead of live witnesses. So when you go to your hearing make sure that everyone you know has signed a short declaration as to the facts that they might testify to court. It would be a good idea to submit as many declarations as possible wet signed in blue ink and if the hearing is being recorded tell the hearing officer you would like to read each one into the record.

Search for a standard declaration or you can download one from the courts website. Nothing has to be perfect as long as the declaration is under penalty of perjury and is signed and dated and you make copies for hearing officer. You keep originals for yourself.

A declaration might state something like this: my name is John Smith, I have lived next door to Mr. Jones for 15 years. Mr. Jones is a great neighbor. I do not see that his bushes are a public nuisance. I do not find them to be a nuisance and my wife who also signed a declaration does not find them to be a nuisance and Tom Jones who lives across the street also signed a declaration and he does not find them to be a nuisance.

Keep it simple.

Lots of photographs. Only show photographs that are in the best light for your issue. Remember, one copy for them one copy for you.