Legal Question in Appeals and Writs in California

My Petition for Writ of Mandate was denied two weeks ago in Sonoma County Superior Court, California.

I want to appeal this Decision and need to know where to file the appeal and what my deadline is to file such an appeal?

The issue is my application for disability retirement benefits. I have been awarded full social security disability but CalPERS continues to fight me for my deserved disability retirement benefits...and even though the CalPERS Board of Administration remanded my case back to the ALJ, it ultimately accepted the ALJ's Proposed Decison Denying my application for disability retirement. I then filed an Application for Administrative Writ of Mandamum and waited one year for my hearing.

At the hearing, it was apparent that the Judge had not read my pleadings nor did he review my medical records. The Judge chose to deny my Application for Administrative Writ of Mandamus. I now need to move this case up to the next level, which I assume is the Court of Appeals...but I am not sure.

I desperately need some assistance or guidance as to where I can find the procedures that I need to follow. Unfortunately, I have no legal counsel because I have no monies.

Any help would certainly be appreciated.

Thank you,

Lynda


Asked on 7/06/11, 8:29 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Determining when and where an appeal must be filed can be surprisingly tricky, even for an experienced appellate lawyer who has all the necessary information available to him. You have not provided enough information to give you an answer. Besides, giving you formal legal advice about how to proceed is beyond LawGuru.com's mission.

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Answered on 7/07/11, 1:49 pm
kevin sullivan Law Office of Steven Kremer

you will need to file an appeal in the district court of appeal. you need to contact an attorney to explain the timelines

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Answered on 7/18/11, 8:38 pm


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