Limited Civil vs. Unlimited Civil

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The odds are stacked against you. The system could not be more unfair. (Perhaps in WWII Poland or Germany things were worse.)

The courts are not taking the citizen's injuries seriously. We have calculated 1,000,000 administrative citations are issued per year. When 1,000,000 in California are affected per year that is a serious issue to be restricted to limited civil jurisdiction with no serious legal analysis by the Court of Appeal. In 28 years there are just 50+ 53069.4 Court of Appeal decisions. Not because there are not 1,000s litigated per month, but because they are shut down in limited civil with nowhere to go.

VERY IMPORTANT DISTINCTION BETWEEN LIMITED CIVIL AND UNLIMITED CIVIL

From superior court one appeals a limited civil judgment to the Appellate Division of Superior Court. There is NO RIGHT to appeal further. Appellate Division decisions are NON PUBLISHED non certified to be found nowhere for review. Appellate Division decisions are not reviewed by the Court of Appeal. Rarely will the Appellate Division review their own decision, or certify their decision to the Court of Appeal. Rarely, almost never, will the Court of Appeal transfer an Appellate Division decision to Court of Appeal for a sophisticated legal analysis. Effectively the Appellate Division is a joke because there is no entity that reviews their willy nilly irrational decisions - and they know that. Basically you can't do anything when a code officer who never graduated high school fines you, and they say your grandma's front porch rocker is a public nuisance.

The only court of review is the supreme court and good luck with that transfer as about 100 out of 8000 requests are heard per year up there in Sacramento.

The Court of Appeal is a completely different entity not associated with the superior court. So logic is that why would a judge in the Appellate Division, and in reality just a judge of the superior court, rule against his golf buddy, or paddle ball partner who goes to the same judicial functions. The Appellate Division and the cases they hear are all the some people they attend parties with at Christmas and their wives and husbands hang at the robing room. Ponder that.

Limited Civil Jurisdiction we have found is a hell hole. Appellate Divisions find every lie in the world, or every false fact or mis-reading of the record they can list to support their own subordinate judicial officer.

When their Opinion is rendered, and you are shocked out of your boots, you may request rehearing. That is always denied. Then you can request a transfer to Court of Appeal to hear your administrative citation case. Those are always denied. These cases are swept so far under the rug a 20hp dustbuster cannot get suck them out. No Appellate Division cases are never certified and you can not find them online. Rarely.

The Appellate Division is the black hole of litigation. Because they are never really supervised by the Court of Appeal or Supreme Court these "judges" issue crazy Opinions that fail to follow the law. Most of the time in these case they will use a "substantial evidence" review - simply deferring to the commissioner, who deferred the the hearing officer, who deferred to the uneducated untrained code officer.

UNLIMITED CIVIL JURISDICTION

We all make mistakes... whoops, I called the case "unlimited civil" I am sorry. Or I forgot to put "limited civil" on my brief. I am certain these mistakes have been made before forcing a dispute into unlimited jurisdiction which your appeal goes to the Court of Appeal, not the Appellate Division of Superior Court.

If you want any chance at all you could label your case Unlimited Jurisdiction on the caption. Just thinking out loud.

https://scholar.google.com/scholar?hl=en&as_sdt=2006&q=53069.4+unlimited+jurisdiction&btnG=

Or file a cross complaint in unlimited jurisdiction.

Or file a federal 1983 action.