Move your case to federal court

[admin]

Recently, the Court of Appeal indicated we were the "defendant and appellant" after we had reclassified the administrative hearing decision to a civil action pursuant to CG. 53069.4 and CCP. 85(c).

As the defendant you may be able to move your case to federal court if you fit the criteria or they (government) has violated your constitutional rights.

You may also be able to do it right in the middle of your state court defense. After you file your appeal in state court. (be sure you caption your case correctly. You are the defendant and appellant!

So, if you have been cited you seem to have these options in federal court.

1) Don't pay citation, don't go to administrative hearing, don't exhaust any city remedies - go directly to federal court.

2) Pay citation, go to administrative hearing, when you lose, reclassify case to civil as the defendant, and move your case to federal court.

3) Pay citation, go to administrative hearing, when you lose, reclassify case to civil as the defendant, pay the $25 to open case in state court, then move your case to federal court.

All of these 'suggestions' should be run by your lawyer.

The bottom line however, in our case it did not matter how many laws the city violated, or constitutional violations, these issues were simply ignored by the court and appeallate division as they never existed in limited civil division of Riverside County Superior Court.