Legal Question in Administrative Law in California

Re: How to file an appeal

Your writing was good, but your legal knowledge was faulty. It would probably be the same on appeal. It may be time to retain an attorney. Most in pro. per. appeals come from prisoners doing 30-to-life who have nothing else to do.

Having said that, I think your first step is to learn the differences between, and timing limits for, appeals, motions for reconsideration, and motions for leave to amend. Then make a well-considered strategic decision as to which is most likely to get you the particular relief you want (injunction, money damages, etc.). You may be better off dropping the cause of action where you lost on summary judgment.

Keep in mind that the purpose of appeal is to address the court's errors, not the plaintiff's. I'm not saying your problem couldn't be won on appeal, only that it may not be worth it.

An appeal begins with filing a notice of appeal in the trial court. See Rules of Court 8.100 et seq.

As to subpoenas, ask the court clerk about the procedure for a self-represented party to exercise the subpoena power. A lawyer can issue subpoenas as an officer of the court, but a pro. per. will require the clerk's assistance. Also, you need to read up on the daily and mileage fees and service requirements for subpoenas. There is an overarching question about the use of subpoenas and witnesses, however. Are you talking about the hearing on the motion for leave to amend? Civil law and motion matters are usually conducted without the use of live testimony from witnesses. Indeed, the judge may refuse to hear live testimony unless the notice of motion indicated the need and a time estimate was given....check the local rules or contact the judge's clerk.

As to liability for attorney's fees, your exposure depends largely upon whether the underlying type of case is one in which attorney fees can be awarded - typically but not always a contract action with an attorney fee clause, or in tort cases where someone must defend because of the tort of another. The prevailing party will probably be awarded costs, however. Further, the possibility of a suit by the prevailing party for malicious prosecution needs to be considered.

Re: How to file an appeal

This ain't law school-by-email.

The answers to most of your questions can be found in Rutter Group looseleaf publications that are behind the reference desk at your favorite law library, maybe you can buy the student editions at a law school bookstore:

California Civil Procedure Before Trial (grey)

California Civil Trials and Evidence (green)

California Civil Appeals and Writs (blue)

If the prevailing party in your case is entitled to attorney fees, you should have used a lawyer. Maybe it is not too late.

Use a professional process server or attorney service to serve subpoenas. Process servers know the ins and outs of witness fees and mileage.