Legal Question in Civil Litigation in California
A Judge Pro Tem/Rent-a-Judge has made his decision after conducting himself as t
My sister-in-laws have been able to convice the courts that my parents had a ''Family Partnership.'' It was further decided that my brothers and their divorcing wives were entitled to an interest in my parent's holdings either outright or as community property. The Judge said he didn't believe my brother or father and refered to them as a ''Biblical Family'', Patriarch and all at the beginning of the trial. He based his decision on stolen, inaccurate and/or fradulent documents and testimony. We have not been able to find anyone to review the trial transcripts to over-turn this incomprehensible decision. One sister-in-law has been awarded a substantial award. The other sister-in-law is just about to finish her trial and she is asking for a lot more. In addition to all this, my parents have had to pay everyone's court cost and attorney's fees.
They are in their 70's and have had to file bankruptcy. They are about to be forced to sell off everything for pennies on the dollar and expect to have nothing left. My father's attorney told him today that he wanted out of the case and that his preparation of the last part of the trial depends on how much money he can bring him.
4 Answers from Attorneys
Re: A Judge Pro Tem/Rent-a-Judge has made his decision after conducting himself
It is a little difficult to determine what happened based upon the facts you presented. It appears that this is the result of one trial regarding the disposition of marital property in the Family Court, with another, similar case pending.
I am unfamiliar with Family Law and Family Courts, and cannot comment on the what happened there. As a general rule, once a trial court has made a final determination (generally a judgment)either party may appeal. There are strict time limits, generally 60 days from notice of entry of judgment, to file an appeal. There are other methods of appellate review.
Based upon what you told me, you have a lawyer. He should be able to at least explain your options.
Re: A Judge Pro Tem/Rent-a-Judge has made his decision after conducting himself
As you can see by the replies of the other attorneys more information is going to be needed.
However, since you indicated that a "Rent-a-Judge" was used, the first thing to do is to meet and determine whether you have any rights to an appeal at all. If this was resolved pursuant to a binding arbitration or other hearing, then you may not have any rights to an appeal except under exceptional circumstances. Those exceptional circumstances could be inappropriate conduct on the part of the judge, improper actions, etc.
Then, a review of all the documents relating to the case must take place.
If it appears that there was reversable error, then an appeal could be looked into and the transcripts reviewed.
The biggest problem with the case at this point in time is the cost involved in reviewing the case and transcripts for an appeal. It can be quite costly and most of that money needs to be paid in advance.
If there are significant assets at issue it may be worthwhile to discuss the matter. I would be happy to meet with you either telephonically or in person to discuss this matter.
J. Caleb Donner
LEGAL WARRIORS (R)
805-494-6557
Re: A Judge Pro Tem/Rent-a-Judge has made his decision after conducting himself
Sorry, but I am not able to answer this at this time
Re: A Judge Pro Tem/Rent-a-Judge has made his decision after conducting himself
Thank you for your posting. I have no idea what your question is from your summary of what happened, but your title is "what is my recourse" ... and it's unclear what the details are here. You may have the right to appeal, if there is a final decision, but an appeal has to be filed within strict time limits. You also mentioned that you currently have an attorney and that preparation of the "last part of the trial" depends on how much money you are willing to spend ... which leads me to believe that there is not a final decision? You also have the right to negotiate and try to settle this case, or file bankruptcy, assuming that there are no allegations of fraud or other allegations which may make the debts non-dischargeable.
I would be happy to review the trial transcripts if you can get me a copy, and after we speak about a fee for doing so, and give you an opinion on what appellate remedies, if any, you may have.
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