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this is the full conclusion, I could not put everything on the other time
As the defendant discussed in this reply brief and the brief previously filed. The Court erred in these respects (1) not Considering that the defendant did not have her right to testify, bring evidence and witnesses for her counterclaim during trial according to practice book section 10-54 (2) Not considering the effect of the Fact Finder failing to notify the defendant’s counsel of the validity of the defendant’s counterclaim after the trial as he promised so that he could at least argue it in the brief (3) not considering the effect of Fact Finder refusing to extend the time for the defendant’s counsel to put in his argument in a closing brief (4) The court did not consider the effect of the Fact Finder’s error on the contradictions of his Findings (5) Believing the issues not on Fact Finder’s report are not relevant (6) prejudging the defendant’s case. (7) Depriving defendant of meaningful due process. The defendant’s right to due process has been violated because Superior Court affirmed judgment that was pasted against her without the due process of hearing her counterclaim and briefing her issues. The Superior Court’s decision not to remand the case back because it believes that the Fact Finder considered the issues on defendant’s counterclaim is erroneous. It is not legally and logically correct. Therefore the decision of the Superior Court should be reversed so that the defendant could have a proper trial that she is justifiably entitled.
Can I use those citations, are they from supreme court or Connecticut court?
Can I add all of that to the conclusion I already wrote, will it not be too long?
Thank you very much for your help. I really appreciate it.
Good day ,
In my appeal issue where I said that the superior court use the fact finder's contradicting report to decide the case. Is it okay that I said it is erroneous, Factually and legally incorrect? and can I use a citation for right to due process on it?
Good morning and thank you for your help all these months with my appeal and other legal questions. Today, I have a new question. I have some health problem. For the past few months I sometimes feel empty headed, fainting, and very sleepy. Around January when I was driving, I suddenly started having these symptoms and I pulled out of the road quickly and called 911. I was taken in an ambulance to the hospital. I slept from where I was taken to the hospital and slept for hours in the hospital before I was okay. In March, I experience the same thing when I was driving and I quickly pulled out of the road also. But this was close to my house which has many trees and very narrow road. as I got out of the road, I was very dizzy the car rolled and stop right in front of a tree touching the tree. I called 911 and I was taken by ambulance to the hospital and I slept for hours like the other time and I was fine when I woke up. The next day, a police man and another man with a plain clothes came to my house and gave me a ticket. When I read the ticket it said that I was adjusting my seat and lost control of my car. I went to the police station and spoke with the police that wrote the report. He said he was not there at the scene that the police that was there gave him the information he wrote on the report. he gave me the number of the person to speak with, that he can not remove any information on a report. When I spoke with the person she said the police at the scene said he was not told that I was dizzy or why I got out of the road. She said the information on the report stays. I am going to the court because I pleaded not guilty. I really don't care about the amount on the ticket, I can give many that amount without problem as I always love to donate to the police and I am not reporting anything to the insurance because there was no damage to the car or injury to me. I have a problem with a police just writing what he did not see and what he was not told. That could have been a more serious issue that could impact someone's life and not a Little over a hundred dollars ticket. Also I have to have the right information for the doctors to access my health situation. I told the first lady at the scene that I was dizzy and told the ambulance people and everybody in the hospital that I was dizzy and fainting. I even remember telling the 911 operator that I was dizzy or fainting. It is what was written on the hospital record.
My question is what should be my argument in this situation? I have the hospital record and document to prove that the dent in front of my car was from previous accident.
I have a court day coming in few day for the traffic ticket I got due to the wrong police report which I wrote to you about earlier. My question is what should be my appropriate defense and is it proper and legal for me to file a counter suit against the police for court to make them to write a supplemental report on the incident.
There is no insurance claims going on on the matter. will not correcting the report have any negative effect on my driving record?
I have my appeal argument coming up in few days. I just caught a deadly bacteria with my PD dialysis treatment. It is the most painful thing to experience. I can not sit or stand. The doctor said it is a hard to kill bacteria, that I am going to be down for at least three weeks. I am going to be having antibiotics flood in my stomach everyday and take antibiotics tablet too for two week. Is it possible to get appeal argument moved for good cause? because my doctor said I am not going to be able to do anything for at least three weeks. What can I do, what motion should I file?
I am trying to appeal the appellate Court decision in the supreme Court and I have been sick. I just got kidney transplant in University of Pennsylvania hospital. They want me to be in Pennsylvania for three weeks for testing and monitoring and treatment in case of rejection and tomorrow is the deadline which is 20 day to file to supreme Court in Connecticut were Iive. What should I do/.
Thank you for your response.Based off of all of this I would say that the court will claim all of your claims are already decided (res judicata), with the exception of the malicious prosecution and the fraudulent billing would be your causes of action. You can file a complaint to the state bar about the fraudulent billing and conduct of the attorney with his client, but you are going to likely be outside of the statute of limitations for any actual malpractice claims.
My concern is that what if I waste time writing the amendment and the Court agreed with what the Clerk said. Then I must have wasted valuable time on it. Do Lawyers have to register with US supreme court to be able to take a case there? and do the US supreme Court not accept pro Se?
Thank you for your reply.Yes, lawyers have to be registered to practice before the US Supreme Court. The Supreme Court will take a pro se appeal, but it is hard for attorneys with experience to get a case heard by the Supreme Court, so imagine how hard it is to have a pro se case heard by the Supreme Court.I understand you not wanting to waste time, but you have two conflicting orders too and the clerk has not explained the second conflicting order adequately that granted you the right to amend. So you file you amended brief with a motion to reconsider based on citing the order allowing you leave to amend.
You are so wonderful, your answer makes a lot of sense, that was exactly what I felt and what is correct, after being in this case for six years, I now know that the Court is permitted to do whatever they want and if they tell me they already made decision and no amendment permited, there will be nothing I can do if I already miss the chance to try to get justice from US Supreme Court. I am writing a motion of clarification to be submitted today, should I then write a motion for reconsideration also, stating the conflicting decision as one of my reasons for them to reconsider the petition. At least that will hold my time to go to Supreme Court and give me clarification on the decisions.
I have not corrected the errors yet because I did not know if it was going to be permitted. So I don't have that to send now with the motion of reconsideration. So can I just send the motions for clarification under section 60-1 of Connecticut practice book and a motion for extension of time to file a motion of reconsideration? Then I will put in the motion for reconsideration with the corrected petition next week.It is ten days today since the Court made the decision, it will be too late next week if I don't extend the time and put my concern in today.
Thank you very much. I read through the link you sent, In fact I have read that before.. Do you advice that I still use the citation you gave with the ones I have? Do I have to specify whether I am arguing substantive due process or procedural due process. Do you know of any one that can read through my motion for some amendment for payment before tomorrow? If you do please give the person my email. aliajones20 @yahoo.com
What constitutional right or law does the Fact Finder’s giving Findings and Conclusions that are contrary to the evidence, factual and legal findings in court without violate.
When the superior Court and the appellate gave accepted his contradicting judgement without any ----------evidences. what is the name of that evidence again, I wrote it somewhere I am so pressed with time now that there is no time to look for it. I know that is a violation of of the right to due process. I saw it when I was ready supreme court cases..
Can that be argued to the supreme Court? I thought only Federal issues can be argued to the supreme court, is that federal issue?
substantial evidence is what I was trying to remember, it says
Due process clauses is essentially a guarantee of basic fairness. Fairness can, in various cases, have many components: notice, an opportunity to be heard at a meaningful time in a meaningful way, a decision supported by substantial evidence. There is enough evidences that the decision in myu case was made with no substantial evidences
Thank you very much, I am already aware of that fact. There is no harm in trying. I have gone through the most difficult part which was getting to know about Law which I knew nothing about. what is the first step I should take in going about this. where is the best place to get information online.
I Had a bottle of wine for you for the holiday, since there was no way of getting it to you, I will be giving $30 for you to help me get a bottle of wine for you, just to say thank you and happy new year.
Good evening, They have the short calendar date set up for February 17th and it is arguable. Do I have to file my objection as a motion or go to court and object to the motions? I usually filed motions to dismiss and motion for stay of execution when he filed these motions, shouldn't I also file motions to dismiss and motion for stay of execution after the Connecticut supreme Court denial of my certification?.
you said earlier that I can ask the Court to stay the award until I file the Federal Suit, So, I should include that in the Objection motion? I don't have to file motion for stay separately?. can I include all his four motions in one objection motion, or I should write four objection motions.
Can I in my objection to Counsel fee argue that the amount awarded to the plaintiff for only representing me for motion to dismiss which he charge $32,000 for is excessive and it is greatly more than what attorneys in the area will charge. Also for Objection to Attorney fee write that he should be liable for his attorney's fee because himself and his attorney created the fraudulent invoices and took the case to court. should I say interest should be removed or that it should not be calculated pending my filling to the Federal court.
But are they not going to say that judgement has already be reached on that by the courts, though nothing was said in all the judgements about the fraudulent invoice even-though he said he could not recollect them and the lawyer in his firm that represented me said she never say them. Nothing was said in the judgements about over billing also, even though it is obvious. Can I still bring those issues up for objecting to the motion for counsel fee?
His attorney is asking for the fee for representing the lawyer too in a motion for Attorney fee and also for interest for both of them, can those arguments be used for these too.
Really, you know I had all these in my Counterclaim that they never allowed to be heard. I will be very glad to know that I will have the opportunity to at least let the Court see past what Fact Finder reported to them, which are completely different from what happened in court. The Superior Court and the Appellate Court never looked past that report into the fact of the case.
Thank you very much, I have been reading the Connecticut practice book since 2am to try to see what I can use. I have read that practice book over and over again these past three years. LOL
Thank you very much.
Can I attach appendixes to the Objection motion?
After arguing the objection to the counsel fee, Can I just refer to that on the other motions and say because of the issues on my objection to counsel fees I am not liable for his attorney fee and the interest or do I have to argue it out on those too
In regards ***** ***** answer yesterday, Do you mean that I can put it as (Objection to Plaintiff's motion for Counsel fee and Attorney fee) and argue both on the same objection? Also can I use appendixes with this motion?.
It is me again, good day.
Do you think it is possible for me to file this on Monday since the court date for his motions argument is Tuesday. I am trying to put everything in my motion and the time is running against me
I just took a look and the link you gave me on Pro SE litigant on how to file a federal suit, but it looks like filling a new law suit. It is talking about filling a complaint and sending a summon to the defendant. I am supposed to be appealing the decision given in my case and not filling law suit. is it not a petition for a writ of certiorari that I am supposed to be filling since I have reached the last appeal result in my state which is the Connecticut supreme court? it is important for me to know so that when I get to Court on Tuesday I will know what to argue. I already wrote on my motion for stay that i am filling a federal suit for the court to stay the award.
I am sorry I was going to press on reply to ask for some clarification. I know the Cert is sent to US supreme Court. what I am confused about is am I suppose to take it to US DC or US Supreme because I already got denied by the Connecticut Supreme Court.
Thank you, ***** ***** name the plaintiff as the defendant and then argue that the court violates my due process in the case? The thing I am scared of now is the time. I was just thinking of the three months for filling to the US supreme court, I did not know that I have to go through the US DC. Do you know the time to file the suit after the state Supreme court's denial?
thank you. I am actually happen that i can file a suit in the US DC. I missed that during my research. I only found out that after State Supreme Court the next thing is Cert. I just wasn't sure that my case is qualified for that. Thanks a lot, I will be happen if my case is accepted.
The Court date is tomorrow. I was unable to complete all the motions on Friday and I just argued all the motions in one Objection motion to the counsel fee but I wrote another motion for stay of Execution. I barely made it to the Court, I got there about 4 minutes before closing and there is no court today. I don't know how this will affect me. I was thinking of writing motion to correct and then try to get a Continuance. I read that it is hard to get continuance on short calendar motions.
I forgot to add the appendixes to the motion, can I take them to court and hand them over to the Judge and do they give stay because I am going to file the federal suit? I have not read how filing federal suit works because I did not know that I can do that. does filling federal suite put a stay on the award?
But do I have to file a stay in the Appellate court too like I did the last time? I already filed one in the superior court.
Thank you very much for all your help. The court was yesterday, though I did not do as well as I would loved, I did not do badly either. Must of the questions I prepared he objected to that judgement was already made on them. but I was still able to argue few points. at the end the judge said she was going to look at the appellate court judgement, but the judgement was all repeat of the false untrue fact finder report and I did not have any of the exhibit with me to prove that. Is there any way to add exhibit to the ones already given? I was able to ask for stay of execution too.
I was taking a look at the invoices yesterday, I found out that on the same day that the Plaintiff wrote that he was having deposition on my case, The attorney I left his firm for has it on my invoice that I was having my second meeting with him on that same day. I did not point that out in court. The invoices showed that while I already left the firm on 02/04/09 and the New attorney's bill showed that He had his second meeting with me on 02/12/09 because the first one I had earlier was free, the plaintiff bill showed many everyday entrees worth thousands of dollars till 03/25/09. can I mention that on my motion, or how can I show this. I left his firm for that new attorney, after the abuse, not letting the female attorney I hired at his firm who was holding meetings with me represent me in court and he was acting confused not knowing anything about the motion to dismiss the separation which was the only thing the firm represented me for. it was obvious they never prepare for court that I started writing questions for the female lawyer and she was then writing on a pieces of paper everything for him to write or say. I had to do my investigation. All these and more the female attorney testified to but all the courts up to the appellate court are saying that I left the firm to reconcile with my husband and that is why I did not want to pay, when the attorney I left for handled my case for over a year after I left this firm, and I did not say I will not pay him. My question is can I put that exhibit with my motion for supplemental record and point that out?
Good day,The motion to file a late motion for stay and the motion for stay that I filed with the appellate court were return to me yesterday because I mistakenly address one to appellate court and the other to Supreme Court. Since Petition for certification to the Connecticut Supreme Court that was denied is the last thing I filed, should I file the motion for stay with the Supreme Court or with the appellate court who gave the last judgement.
My motion for stay has been denied by the superior Court, and the motion to file a late motion for stay also denied by the appellate court. Should I just wait for the judgement on the plaintiff's motions and my objection motion and then file appeal if judgement is against me or is there any action that I need to take now.
I have been very busy with school work and others that I have not had time to file my Federal suit. I am now ready to file it, I hope I am not late yet. It just tuned two months since the last decision on the motion for reconciliation from the Connecticut Supreme Court was given. My first question is, should it be my Name v. the Plaintiff name, or My name v. the Connecticut Appellate or supreme court. I am asking this because I am aware that a person can not violate a person's constitutional right guaranteed by the 14th amendment. Only a government can violate that right. It is the Court that does not allow my counterclaim to be heard and gave judgement against me with no substantial evidence. How can file a complaint against the plaintiff on this, how does it work?
I already appealed this case and it was affirmed and I filed a petition for certification in the Connecticut Supreme Court and it was denied also. I was thinking of filling a petition to the US Supreme court, but I was advised to first file a federal suit at the US district court. I was the defendant appellant in that case and the plaintiff was the appellee. In the case my counterclaim was never heard and the attorney fact finder's judgement which was accepted by the superior Court and appellate court was malicious and was contrarily to the evidences and testimonies in court, without substantial evidences the courts believed it was a true judgement. What I want to know is who should be the plaintiff and the defendant in this federal suit in the US district Court?
Do you mean that to get to the federal courts to review the decision, you have to overcome the Rooker Feldman doctrine. that Under the Rooker Feldman doctrine you cannot appeal to the US district court when those four factors are present?
I thought you were not there because I got notification that my question was being sent to other lawyers to answer and the answer came as if the person did not understand my case.
So the district Court can remand the case back for further review? What is confusing to me is that the doctrine says that you cannot appeal to the US district court if the plaintiff seeking to bring a claim in federal district court has already lost on that claim in state court and I already lost on the claim that the superior court violated my right to due process. Another is that I cannot ask the federal district court to review and overturn the state judgment. Also the state court already finalized its decision on my case
If I can not get the federal court to believe my constitutional right was violated, I can not appeal that decision to Federal appellate court?
This case started 5 years ago so filling a new complaint is out. You said earlier and I just did that last week in my legal environment of business class that if one disagrees with the Us district court's decision it can be appealed to the US Appellate court. Like if the court states that the issue does not violate us constitutional law and I still have the believe that it does, that the district court is wrong about that. can't I appeal it with the US Appellate Court?.
You are the best. If a can afford a million dollars I will spend it on this case to stop these people from getting a dime from what they took me through at the most vulnerable time of my life. Unfortunately I do not have that much. There were four other Lawyers since this case started before I went Pro se on appeal, over $20,000 attorney fees have been paid and I am still making monthly payment on attorney fees. I would have loved to hire attorney to help me with this, but that will start accumulating another attorney fees and I do not know if they will ever give me a fair judgement in this case. The more I know, the more it is clearer to me that there is a violation of my constitutional right. I started this without knowing what attorney Fact finder was and without knowing anything about how the court works. I have spent the last 3 years mostly on this case. The beginning was very rough, but with my determination and your help, I was able to pull through. The very first time I heard the word "right to due process ' was from you. but today, I know so much about this due process, different analysis of it, including Mathews v. Eldridge and how to analyze how due the process is. I am a different person now, the way the courts work is very clear to me now that at my old age, I have decided to go back to school and try to become a business/Human right Lawyer. I am going to be taking 1,2, or 3 classes at a time but if I am alive, I will get there one day. The exam I took on my legal environment class this week, I got 96% on it without having time to read the four chapters we had the exam on. It has been straight A in everything I have done including those from other classes. Though I was I straight A student before, but it was with so much effort, now with my experience in this case, the Legal environment for business class is like a free class.
If I ever complete this school or win this case, I will make sure that my family get plane tickets, accommodation and dinning in a great hotel in Connecticut for you and your spouse to come and celebrate with us. As for now, I will give $30 for you to help me buy you a bottle of wine to enjoy this weekend, I have so many in my bar that I collect from all over the world, unfortunately I do not know how to get some to you. I am having a blog on pro se help, and my experiences, I am going to make sure I talk about your help all the time.
well I am going to rate this and come back after lunch to ask my next question. Once again, thank you very much for all your help.
Thank you very much for your compliment. That is very correct, I have done so much research, I even paid for online legal research. sometimes I come to you for confirmation after a research, sometimes I take what you give and I research on it and sometime I just do what you give. I am very glad I found you.
it is shocking to me that you are that close to me. I am in Glastonbury Connecticut, and the eastern part of Glastonbury. I am very close to Massachusetts border.
It looks like it is going to be another raining day. I am sorry I forgot to rate that yesterday, I will do that after this question. I really need to file this Federal suit or petition for writ of certiorari to the Supreme Court. I have to do something because the time is going too quickly. i will not be a happy person if I don't pursue this till there is nothing more to do. Then I will be certain that there is no justice any where in the world.
Please, I want to know if I am filing a petition or a normal complaint to the U.S District Court. I know I am the plaintiff but who is the defendant?
So, I am not going to go into my case with the plaintiff at all? If it is between me and the state then I can not ask the District court for stay of execution on the case and the appellate Court decision will become final? I am sorry, I am still trying to be 100% clear on this, to ascertain if this is the best choice for me before it becomes too late for me to file to Supreme Court.
Okay, So, what I will be asking the Court for will be what I was asking from the Appellate court and the Ct Supreme Court for to remand the case back for further hearing. Is it a petition that I should write or I am filling a complaint?
Good day again,
I submitted $30 with my last rating, for you to help me get yourself a bottle of wine for the weekend. Once again thank you.
My question is what is this petition called. I went in the U.S.D.C website, there is no petition like that.. The only petition I saw there was Petition for Writ of Habeas Corpus. How do I get information on how to do this. The Pro Se information they have on the website is how to file a complaint.
I have been thinking about this. Is it possible and advisable to file the complaint in the USDC and also file to the US Supreme Court?
I was reading old opinions in U.S district court Connecticut's website and I was seeing cases like Lawyer malpractice, Connecticut Unfair Trade Practice Act "CUTPA" and some more that I never knew could be heard in that Court. Why do those cases get taken in that Court. I am just Curious.
Maybe they get taken under concurrent jurisdiction rules, because that is the only way that I am hearing for the first time. Thank you.
Good day my Neighbor. LOL.
Do you have any idea of what the status of limitation is in filling a complaint in the United State district Court, after the final decision from the State Supreme Court?
What?, Every information I got stated it is 90 days from the day judgement is given to appeal to the U S Supreme Court and I was thinking it will be the same 90 days to file to the U S district Court. when I told you earlier that it was already over a month since the last decision, you told me that I still had time.
You almost gave me a heart attack LOL
I only have a little over a week left. I was thinking since it is a new complaint it will have a year status of limitation. kind of pushing my luck, but when I got 30 days my heart started to race.
But it is a new complaint that you advice me to file against the Connecticut/Court on the violation of my right to due process with the appellate court handling of my case. Their unfairly ignoring the Counterclaim on appeal and quoting the counterclaim that was not issue on appeal even though the judges acknowledged that they were aware of the Counterclaim on appeal during the oral argument and they also acknowledged that it was different from my self defense and read the difference out. But in the decision unfairly quoted a different counterclaim and said it was the same with the self defense and that therefore it was heard. As a result depriving me of the chance for my counterclaim to be heard. wrong and partial decision that has no substantial evidences were giving on other issues. Since the U S district Court cannot rehear this, you advice that a file a new complaint on the US District Court instead of appealing to US Supreme Court since it is very hard to be accepted there. I hope you still believe I should go this way because I am trying to put the complaint together. 2. I am looking for a Lawyer to help with this, why can't I hire you? you know my issues better than any one else. title="Cry"/>
As for your last answer, I know you cannot tell me whether I will win or not, even if I hire an attorney, he will not be able to promise that either. I appreciate all your help. At this point it does not matter if I win or not. I have fought this for years now and I just want to fight it till the end. Once again thanks for your help. I am hurriedly putting my complaint together, I want to know if the defendant should be the State of Connecticut/Court or the State of Connecticut court. I was reading one opinion that involved court as defendant it stated that the judges were supposed to be listed as part of the defendant. How do you see that.
Can I include the Fact from when the attorney fact finder gave judgement without hearing the counterclaim or I just state the appeal Court basing their opinion on a wrong counterclaim, contradicting the Judge acknowledgement during oral argument that the Court was aware of the counterclaim on trial and many of the false and malicious accusations the court gave in their decision. I am trying to know what point to include not to fail the Rooker Feldman doctrine
Can I use this for the deprivation of the right for my counterclaim to be fully heard?
Count 1. Violation of the plaintiff constitutional rights under the Fourteenth Amendment of the United States Constitution pursuant to 42 U.S.C. §1983
Count 1-Deprivation of of the plaintiff right to due process guaranteed by fourteenth Amendment of the United States Constitution under the color of law pursuant to 42 U.S.C. §1983.
I just read that all states have sovereign immunity that before you sue them you have to notify them, also that some state decide not to have immunity.How do I know if my state has immunity or should I just sue the Appellate judges? should I add Superior court judge?
I just checked it out, it is filling through claim commissioner, that is different from suing for violations of due process and others. So, It seems like I can not sue State of Connecticut / Court like you advised earlier. So, I should just go for the Appellate judges or add the Superior Court Judge.
Do you advice that I file a claim with the state first or go ahead and sue the judges for the violations.
will it not be too late then to file the suit, because it will be 3 months tomorrow, that is why I am trying to file it tomorrow...
I was thinking, Since I am filling a new complaint to the US DC and not a reconsideration or review of old case, is it not supposed to be a year to file, instead of the 3 months to file appeal or review. The CT commission has a year to file.
I did some research see what I found. The Federal law and the Connecticut commissioner of claim's Rule. what do you think.federal
If the state or local government entities receive federal funding for whatever purpose, they cannot claim sovereign immunity if they are sued in federal court for discrimination. The United States Code, Title 42, Section 2000d-7 explicitly says this.
The Supreme Court decision of Board of Trustees of the University of Alabama v. Garrett seems to nullify this; however, numerous appellate court cases, such as Doe v. Nebraska in the 8th Circuit and Thomas v. University of Houston of the 5th Circuit have held that, as long as the state entity receives federal funding, then the sovereign immunity for discrimination cases is not abrogated, but voluntarily waived. Since the receiving of the federal funds - such as FAFSA and affirmative action - was optional, then the waiver of sovereign immunity was optional. If a state entity wanted its sovereign immunity back, all they have to do in these circuits is stop receiving federal funding.
However, the 2nd Circuit does not share this ideal. Currently, they are the only federal court of appeals to take this approach to the issue.
For more details, "constitutional torts" 42 U.S.C. § 1983 allows state officials to be sued in their individual or official capacities, a principle which was demonstrated again in Brandon v. Holt, 469 U.S. 464 (1984).
Commissioner of claim.
Generally, the law requires those who wish to sue the state, or to present a claim against it, to file a claim with the claims commissioner unless their case falls within an exception established by law. They must file their claim with the commissioner within one year after it accrues. A claim accrues on the date the damage or injury is sustained or discovered or, in the exercise of reasonable care, should have been discovered. But, the law requires that the claim be submitted within three years after the date of the act or event that allegedly caused the damages (CGS � 4-148).
(c) No claim cognizable by the Claims Commissioner shall be presented against the state except under the provisions of this chapter. Except as provided in section 4-156, no claim once considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding shall again be presented against the state in any manner.
The motion for argument for my objection motion that I filed in response to motion for attorney fees and others has been Approved. I filed all the motion for attorney fee, counsel fee, for appellate fee, interest and others in one motion because I was running out of time. Should I file a motion to amend and separate them or just leave it?.
I am adding issues to why I object to the plaintiff's motions. So, I am writing a motion to Amend and attaching the amended objection motion. is that okay?
After I wrote my last question to you, I got the short calendar notice for Court on the 4th of may 2015. Can I still amend the motion since the court date is already set?
I just found out that the motions they put on calendar for argument are the plaintiff's motion that was already argued and I filed objection motion on. I do not know if this is a mistake or not. The argument was supposed to be on my objection motions but it is on counsel fee and attorney fee. what should I do?
I already asked for the Court to waive his attorney fee because it is fraudulent and because of the plaintiff misbehavior, but Can I ask for damages in an objection motion?
You are the best. Thank you very much.
Will $100,000 be reasonable enough to ask for the emotional, mental, physical, and financial anguish this misconduct has cost me? As a matter of fact I have gone through so much with this case in the past7 years. I have spent basically 70% of my time in the past three years on this case. reading cases, doing research, writing, sorting papers. It took me months working days and nights to write my brief, reply brief, many ten pages motions like motions for articulation, rectification, reconsideration, Objection, over 15 motions of extension of time, and many more. I ended up in the hospital emergency room twice for having accident after not sleeping eating and drinking for days and severely dehydrated because I was working on my brief. This has cost me so much anxieties, panic attacks, emotional and physical problem that I was put on medication several times. I have paid thousands of dollars to lawyers, paid thousand for legal help in editing and on printings among others. I actually believe $100,000 is too little for what I have been through, but I want to be reasonable and don't go out of line.
What do you think is reasonable.
This is for the objection in the Superior Court, not for the case against the Court . Is that not too much?
This is how I put the damages.
D. plaintiff should be ordered to pay the compensatory damages of $300,000 for the mental, physical, and financial anguish the Plaintiff’s misconduct has cost the defendant. As a matter of fact she has gone through so much, during the plaintiff’s representation and in fighting the injustice in court. This has cost her so many anxieties, panic attacks, emotional and physical problem that she was put on medication several times. She has paid thousands of dollars to lawyers, paid thousand for legal help in editing and on printings among others
F. The defendant respectfully ***** ***** Court to award punitive damages that the court finds fair, just and equitable based on the Plaintiff’s misconduct proven and to deter the plaintiff from perpetrating the same misconducts on other people that pay the firm for help and from giving a terrible name to the law profession
What do you think?
Should I put the motion as
"Amended Objection motion" or leave it as it was before "Objection motion"
Is it possible to bring witnesses to a short calendar argument?
what is the current household saving in the United State
yes , according to national statistic
My objection motion on calendar is nonarguable and I have to mark it before 4pm tomorrow. Should I file a motion to vacate or just file objection to the judgment?
How do I file a motion to vacate? Is it like other motions or it is done differently?
So I don't have to send a summon and all of that?
How should I mark my objection motion on the calendar, should I mark it off, take paper or I just leave it and then reclaim it after I put in the motion to vacate?
My motion for argument was approved for this motion but now they have it on calendar without argument.
Below is part of the Connecticut practice book section on Attorney fees. What does this mean and do you know time limitation on when to file motion to vacate. is motion to vacate the same thing as motion to re argue? Because I can not find motion to vacate in the practice book.
attorney’s fees are sought, motions for such fees shall be filed with the trial court within thirty days following the date on which the appellate court or supreme court rendered its decision disposing of the underlying appeal. Nothing in this section shall be deemed to affect an award of attorney’s fees assess as a component of damages
Do you have idea what the time limit is for filling the motion to vacate?
what is discovery of the judgment? In our practice book it says motion to re ague should be filed within 20 days. Do you think this is the same as the motion to vacate?
If I file motion for set aside and it is refused can I still file an appeal?.
But can I appeal the motion for counsel fee after the motion to vacate has been denied or I should just go ahead and appeal the granting of the motion for Counsel fee.
So, Should I put it as
Motion to vacate judgment/reconsideration
or I don't add the reconsideration, but just write in the motion for the judge to reconsider the award.
Happy Memorial day to you. I know that you must be busy enjoying cook out somewhere with friends and family. my family is out enjoying cook out at my friend's house too, but I could not go because I have to write this motion that is due tomorrow. I am leaving this question for you to answer tomorrow.
How should I put my due process violation argument in the motion to side aside and reconsideration, should I say one of the grands to grant this motion is that my right to due process provided by-------------- has been violated because I was not given the opportunity to fully argue my my Objection motion? ------
I am adding the fraud and other violations too.
can I add that the Connecticut court discriminated against.and violate
42 U.S.C. §1983.
and also add The plaintiff and it’s attorney Robert Weinstein also are in violation of the Fair Debt Collection Practices Act § 807. 15 USC 1692e] (2). (A) (10) By Using False and misleading invoices in representing the case in court. by falsely representation its billing amount, misrepresentation of its billing procedure, falsifying the invoices and presenting the amount in the bill as legally defendant’s debt and by deceiving the courts in the attempt to collect the debt also unfairly taking the defendant through unnecessary hardship of court proceedings and causing so much emotional, physical and mental, and financial anguish.
i am adding this because it is the truth and because i am thinking that when I file appeal I will transfer from there to the US discrict court because it has federal violations. what do you think?
but can I mention the past judgements when I talk about the discrimination of the judges?
can I use this below too because she keeps saying appellate already gave judgment on the issues.
The discovery of fraud,and such showing of unfair, inequitable, and unconscionable conduct gives rise to theate power and jurisdiction of our Connecticut Courts to vacate judgments achievedby fraudulent means, regardless of whether such discovery was made before or after 4Months following entry of judgment. Connecticut Law is well established, in thatJudgments obtained by fraud can be attacked at any time (See 180 C. 129, 130.Cited. 181 C. 463, 466-469.)
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