REMEMBER if you FAIL to set the rules, or you fail to OBJECT on the record, at every bad ruling, forever hold your breath. If you fail to obejct it is generally considered that you wavied or forfeited your opportunity to object. You need to be on your toes!
https://courts.ca.gov/sites/default/fil ... /cm110.pdf
It is IMPORTANT you tell the court what is going on from the moment you step foot in the courtroom. And even if the court refuses to follow the rules you will have made a record. REMEMBER, every item you file creates a record, our courts are a court of record. If its not on record it did not happen. So, be certain to file documents and make a record. A proper record is the only chance you will have in an appeal. IF it is a serious case you will need to hire a court reporter. All acts in court become part of the record.
If your case is super simple then you may just want a simple "small claims" style court hearing. But if you have anything at stake, and your case means something to you, then you want discovery, witnesses, document records, etc. You will a real case, with real procedure and a real trial.
- If case is assigned to a commissioner, you non-stipulate and request a judge;
- Establish the case is a "trial de novo;"
- Establish that YOU are the defendant in the trial de novo (Weightman v. Hadley, 138 Cal. App. 2d 831 - Cal: Court of Appeal 1956, 839);
- Establish that the case is a limited civil case See Gov. Code 53069.4 (b)(1)
- Establish the court will be following procedure under CCP 85-100 including discovery and depostions CCP 90-100.
If the court trys to change any issue stated obove and tell the court you would like to file a formal objeciton. (1) You are the defendant because the City cited you (same as a traffic ticket), (2) The case is not an appeal, its a trial de novo because the constitution requires it (Collier & Wallis, Ltd., v. Astor, 9 Cal. 2d 202 - Cal: Supreme Court 1937; Post v. Palo/Haklar & Associates, 4 P. 3d 928 - Cal: Supreme Court 2000), (3) It is a limited civil case because the statute is clear Gov. Code 53069.4 (b)(1). (4) Discovery is available because the CCP is clear CCP 90-100. (5) You are entitled to a judge because a subordinate judicial officer may not adjudicate the case without your stipulation, and you do not stipulate to a commissioner!
53069.4 (b)(3) Does not state in plain text a subordinate judicial officer may act as a judge or "hear and determine" or "hear and decide" the case. It fails to use the oprative words a commissioner is a judge without stipulation of the parties. DO NOT permit the court to read words into the law that are not there. Conducting a hearing is NOT deciding or rendering judgment.
"(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.
People v. Tijerina, 459 P. 2d 680 - Cal: Supreme Court 1969
(10) There is nothing in Code of Civil Procedure section 259a, subdivision 4 or in rule 244[6] of the California Rules of Court contrary to 49*49 our conclusion herein. Subdivision 4 of section 259a authorizes any court commissioner in Los Angeles County to act as a temporary judge "when otherwise qualified so to act and when appointed for that purpose." Rule 244 sets forth the procedure for appointing a member of the State Bar to act as a temporary judge and excepts from its requirements the selection of a court commissioner to act as a temporary judge. Neither the rule nor the statute purports to authorize a court commissioner to act as a temporary judge if he is not "otherwise qualified so to act," and in the absence of a stipulation of the parties, he is not so qualified.
Remember in court its not the "form" its the "function." So even if the form is not correct, you have placed the info, the cases, the procedure on the judge's lap before a single thing happens in the courtroom.
