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California Administrative Appellate Court Process

  • Thread starter Thread starter louise
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louise

Guest
December 01, 1999

On or about August 08, 1999, I lost an administrative appellate court decision. It was a personnel action. I subsequently filed with the California supreme court and lost. On or about November 18, 1999, I received the final remittur (the decision against me) from the appellate court.

My question is: If I wanted to proceed further with this matter, how would I proceed. Should I file the case with the U.S. Supreme court under section 28 U.S.C. section 1257 (OR) should I filed in a local federal court under Civil Right: section 7, 42 U.S.C section 1983? OR, CAN I DO BOTH.

In addition, what are the time frames for filing the case.

Furthermore, during my state with the appellate court, someone informed me that I need not bother with finding laws to prove my case. All I need to is supply the facts and the court would supply the proper law.

Nonetheless, the court failed to apply the proper law for this administrative action. After the hearing, I discover that the proper laws were: Topanga Assn v. County of Los Angeles (1974) 11 Cal.3d 506 and/or Robinson v. State Personnel Board, (1979) 97 Cal.App.3d 994.

The court failed to apply the proper administrative laws and I lost the case.

Lastly, is there an California statute that requires the opposing party in a lawsuit to give the other side a copy of the complete book or manual if they submitted one page from the manual into evidence? The opposing side witness testified about other parts of the manual during the administrative hearing.

Throughout the proceeding, the opposing side failed to give me a copy of the entire manual (except for the one page), and refused to let me see this manual.

The appellate court mistakenly ruled that the one page was not a part of the administrative record.

Please respond,

louise
 


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Attorney_Replogle

Guest
Louise, I am a California attorney. I would like to give you some information but what you have provided so far is a bit confusing. First of all, did the Cal Supreme Court refuse to hear your appeal? Second, the word you used; "remitur", I think you meant remittitur. That is a legal word meaning that the trial judge or an appeals court reduced the size of the award. So basically I don't know what your case was about or what the appeals or Supreme Court said. Thus, I am not sure how to advise you. Off hand, I am not sure of the appeals time lines. I will be conducting some legal research on other cases this coming Monday. If you want I can research the appeal deadlines for you. But in order for me to do so, I will need you to provide me with the above information. Or, some other attorney who answers questions at this site may be able to answer your questions. Or you can search for an appeals attorney at attorneypages.com

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Mark B. Replogle
 

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