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Old 03-13-2007, 07:56 PM
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Codee Codee is offline
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Best Way to Sue a Superior Court

What is the best way to sue a superior court in a limited civil action?

Is it in Federal Court?

If so what needs to happen?

Is it in the superior court itself?

Is it in the State Supreme Court?

Interested in hearing from some Californian's. ;)

PS

my case hinges entirely upon the law of the case and none on disputed facts.
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Old 03-15-2007, 03:02 AM
heyday heyday is offline
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Quote:
Originally Posted by Codee
What is the best way to sue a superior court in a limited civil action?

Is it in Federal Court?

If so what needs to happen?

Is it in the superior court itself?

Is it in the State Supreme Court?

Interested in hearing from some Californian's. ;)

PS

my case hinges entirely upon the law of the case and none on disputed facts.

Well, I guess you'll have to settle for an okie.
KULKO v. CALIFORNIA SUPERIOR COURT, 436 U.S. 84 (1978)
http://caselaw.lp.findlaw.com/cgi-bi...l=436&invol=84

Mid-Century v. Superior Court (Bandek)
(Cal.App. 2006) ____ Cal.App.5th____, 06 C.D.O.S. 3160
http://www.gordonrees.com/pubs/insur...in_050206b.cfm


Hunting World, Inc. v. Superior Court,
1994.CA.47591 (Cal.App. Dist.1 01/31/1994)
http://www.assetprotectionbook.com/1994_CA_47591.htm


Keith A. DIXON, Petitioner,

v.

The SUPERIOR COURT of Orange County, Respondent;
http://www.ceres.ca.gov/ceqa/cases/1994/dixon.html


Averill v. Superior Court of Orange County
http://www.casp.net/averill.html
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Old 03-15-2007, 11:15 AM
Notorial dissent Notorial dissent is offline
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These are all appellate actions, they have nothing to do with suing a court, only the challenging of a decision.
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Old 03-15-2007, 06:53 PM
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Quote:
Originally Posted by Notorial dissent
These are all appellate actions, they have nothing to do with suing a court, only the challenging of a decision.

Any suggestions about the topic at hand ND?

How do you feel is the best way to file a civil suit against a court. Should I just sue the court adminisrator... or the entire judiciary en banc?

Should I file in the same court that hurt me?

What do I need to establish a federal case.

I am wantingto sue for a $200 tort.

Please no suggestion for small claims. I want to be able to appeal.
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Old 03-16-2007, 06:42 AM
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Good finding.
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Old 03-16-2007, 04:45 PM
Notorial dissent Notorial dissent is offline
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The short answer, and the long one for that matter, is that you CANNOT sue a court, or court officers or personnel. They are specifically exempted and immune to suit by law and custom, and most likely by their state's constitution.

If you could show that a court officer harmed you phsically or in some fashion, such as fraud, that would be a legal tort otherwise, you would have to proceed against them individually, and then you would have to prove that what they were doing was outside of the scope of their office, and that is going to be very hard to do. The courts themselves, are absolutely immune to suit for their actions.

I have never heard of or found a case where a court has been sued and anything other than a dismissal being issued, and I tend to collect things like that.
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Old 03-16-2007, 06:08 PM
Shoonra Shoonra is offline
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Notorial Dissent is right. The judges will claim judicial immunity (an immunity, incidentally, the attaches to the various clerks, bailiffs, and other court staff).

You didn't say what tort was worth only a lousy $200, but it certainly couldn't get federal jurisdiction, and probably would be sent to small claims if it weren't dismissed instantly; and then the small claims court would dismiss it for judicial immunity.
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Old 03-16-2007, 07:32 PM
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Shoonra, is right. For $200.00 probably the black roper in small claims will throw it out too. To file the complaint alone will cost you roughly about $175.00 dollars depending where you live in. To waiver the filing fees you have to prove the hardship before the black roper can grant it, you going to ask yourself does it worth it.
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Old 03-16-2007, 08:34 PM
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It usually doesnt amount to much, but you could research the Cali judicial code of conduct and file a grievance with the appropriate body like the Judicial Tenure Commission here im Michigan. They would have their actions reviewed and possibly reprimanded. Too bad there are regular people on those boards....they might actually do some good! LOL
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