Jump to content
Fancherfamily19301

Proof of service summon fw-001 ? Whom all do I serve -when serving an agency?

18 posts in this topic

Some more details are needed to sort that out. What board? What was the specific decision made — i.e. what is that the board decided to default — and in what kind of proceeding? What is your role in the matter and how are you affected by the decision?

Share this post


Link to post
Share on other sites

It was an appeal from an administrative hearing of citations to the county board of supervisors  , they defaulted because we arrived too late however in addition to the affirmation the country stated at said hearing that "we can go in there clear it out and bill the property owners around 80, 000" 

 

Share this post


Link to post
Share on other sites

Sorry, but that doesn't make any more sense than your first post.

 

Go back to the beginning and tell us who got cited for what, what your roll is in this, and what has been going on with the issues since then.

 

And why would you be naive enough to take some bureaucrat's word that you can bill property owners $80,000? What on earth is that all about?

 

 

Share this post


Link to post
Share on other sites

I got cited for health and human safety code violations from resource management. My role is the property owner. Since then we have went in front the board of supervisors , well, we arived late and they defaulted. Now we have to appeal it to district court .and I'm wondering if I can file a motion to vacate instead of a writ of mandamus because I am running short of Time .

Share this post


Link to post
Share on other sites
45 minutes ago, Fancherfamily19301 said:

Now we have to appeal it to district court .and I'm wondering if I can file a motion to vacate instead of a writ of mandamus because I am running short of Time .

 

You would need to file in state court (called superior court), not federal court (called district court).  Whether a county board of supervisors will accept a motion to vacate may depend on which of California's 58 counties you're in, but I doubt any do.  You need to retain an attorney who is familiar with administrative mandamus proceedings (most attorneys are not).  Otherwise you're sunk.

Share this post


Link to post
Share on other sites

I dont know exactly who all to serve? I am writing a petitioners writ of mandamus against a public entity known as Resource Management Agency . I have little time left to  do so , I am not a lawyer just a sovereign person (a man) /per se litigant trying to defend my property from unconstitutional ordinances being imposed upon by the oppressive RMA .

 

Share this post


Link to post
Share on other sites
2 hours ago, Fancherfamily19301 said:

I am not a lawyer just a sovereign person

 

A "sovereign person"?  There's no such thing.

 

As I told you a month and a half ago, you need to retain an attorney who is familiar with administrative mandamus proceedings.  Otherwise you're sunk.

Share this post


Link to post
Share on other sites

It is unlikely you can submit new evidence on appeal.  Appellate courts review the process which occurred in the tribunal below to determine whether the proceeding followed the law.  The tribunal below is the finder of fact and, as long as the procedure followed the required rules, the findings of fact will not be disturbed on appeal.  If it were not so every case would be carried on indefinitely as each party sought to introduce new evidence.

 

The only exception is if new evidence appears that could not have been known, in the exercise of due diligence, during the proceeding below.   That does not include evidence a party could have produced but did not.

Share this post


Link to post
Share on other sites
14 hours ago, Fancherfamily19301 said:

Can anybody tell me what authorities to cite pertaining to submitting newly discovered evidence upon judicial review?

 

A local attorney familiar with administrative mandamus proceedings can do this.  No one on an internet message board is going to do case research for you.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×