Legal Question in Civil Litigation in California
My and my x-wife agreed to an uncontested divorce and everything was civil between us up until the divorce hearing. She presented to the court falsified papers against me and I had no knowledge of these papers before going to court. The judge asked her if I had seen these papers and she replied "No, because I did not know where he lived" so the court gave me a copy of the papers in the court room. In her papers Exhibit 2 was in bold print read "HUSBAND'S NEW ADDRESS". This indicates that she did know where I lived but she did not want me to know what she was doing. Well everything in these papers was lies and I was able to obtain proof. The judge is making me pay for a things she said was both of our responsibility when in actuality she was being sued from a company before we were married. She said it was from the property management company we rented from and showed a receipt with their name on it. But when I talked to the owner of the properly management company he said he has not sued her and there is no such bill. I then hired a lawyer to try to get a new trial and my lawyer failed to tell the judge about this and the judge denied my motion for a new trial.
My question is� Is there anything else I can do?
Please advise
3 Answers from Attorneys
You have the right, as a matter of law, to appeal the case to the State Court of Appeal. Whether you have a potentially meritorious appeal - i.e., one that you can win you a new trial - depends on many factors that must be assessed by an experienced family law appeals lawyer.
I am a Certified Appellate Law Specialist with over 22 years of appellate experience; I have consulted on scores of family law appeals over the years, and I have prosecuted or defended at least 30 of them at the Court of Appeal. I practice in courts throughout the state, including the Court of Appeal in San Diego. My offices are in Century City and Santa Barbara.
For more information about my practice, please visit my website at www.CaliforniaFamilyAppeals.com. You may then call my office for an intake and a free, no obligation consultation. My toll fee number is 800-988-4807.
Your problem unfortunately amply demonstrates why you should hire a lawyer to begin with so little problems don't turn into big ones. As for appealing your case it depends on how much is at stake. You need to balance the costs of paying someone to appeal your unjust result versus what it costs and the chances that you may or may not win. So give Herb a call and see how much he would charge and compare to how much you lost.
Unfortunately sometimes it is better to cut your losses and get on with life. This is practical advice based on my 25 years of practice.
20 years of Appellate experience. Contact me directly.
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