Helter skelter - the confused courtroom

[admin]

If you have been to a small claims case you will understand. Too many people are grouped into a crowded courtroom, nothing is clear about the procedure. They really don't care two cents about the egregious issues you have been subject to. Its frightening. Its sad. Its pathetic what our "justice" system has become. The problem is that there are different cases subject to different jurisdiction.

By law a "commissioner" can be assigned to a small claims case, or a traffic infraction case. AND they are "trying" to force administrative citation cases into the same courtroom in front of the same commissioner - put it on a small claims case, no discovery and boot you out the door.

By law GC. 53069.4 is a LIMITED CIVIL CASE, AND by law discovery is a mater of right. Download judge Blizzard's and judge Cadei's rulings to present to your judge.

That IS NOT the way the law reads. There is no text in GC. 53069.4 that states a "appeal de novo" trial may be "heard and rendered" by a subordinate judicial officer. Read CCP. 259 which gives clear language as to what a "commissioner" duties are by law and 53069.4 is not in there. The words "hear and render" are clear where the legislature gives the commissioner certain powers.

What was muddy is now clear to us. No court understands this law GC. 53069.4. A public records request to the judicial council produces NO RECORDS on any guidance for the law.

It seems some citations have been issued over $300,000! This definitely places the fines out of small claims, limited civil jurisdiction. The fact that there is no limit now as to the fines clearly infers that nothing about these cases is a "subordinate judicial duty."

NOT SMALL CLAIMS

Small claims has its own set of statutes. Download the judge's small claims benchguide #34.

NOT TRAFFIC INFRACTION

Traffic infractions are part of vehicle code. Download the traffic court judge's benchguide #82.

ADMINISTRATIVE CITATIONS

Limited civil "appeal de novo." Anything and everything a city dreams up that they want to cite you for, legal or not. By law, your "appeal de novo" becomes a limited civil case. See CCP. 90-100.