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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12792
Experience:  Significant experience in all areas of employment law.
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I have a written notice:

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I have a written notice: if I want to appeal my discharge from Los Angeles Superior Court, it has to be made pursuant to Government Code section 71655 and that pursuant to section 1094.6 of the California Code of Civil Procedure, I was given 90 days from the date of the notice -- which was September 12, 2012 -- to file a writ to challenge the decision of the Superior Court of California, County of Los Angeles adopting the hearing officer's decision in the matter of my discharge. Well, all in one package, the letter says September 12, 2012, from the Executive Officer/Clerk; the letter from Court Counsel has the date of September 13, 2012; and it was mailed out on this date and received, by me, on Saturday, September 15, 2012. So, I have two questions. The 90 days, does it run from the date that Court Counsel has on her letter of notice to me? Because it was mailed from her office. Secondly, but most importantly, how do I find out where to file the writ in the Los Angeles Superior Court's system. They gave me no address or destination to appeal. The union, SEIU Local 721, dropped the ball and gave me no address either. Thank you. Sincerely, XXXXX XXXXX XXXXX, CSR #[email protected]

Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your discharge and the fact that your union has not been very helpful in fighting it.

Ordinarily, when action must be taken within a specified time following an administrative or judicial ruling, that period of time begins running on the mailing date of the letter, not the date of receipt and not necessarily the date reflected as the mailing date within the letter (since sometimes letters are not actually mailed until later dates).

With regard to where an individual should direct their writ filing, you would simply want to address it to the Los Angeles Superior Court's general mailing address with "Attention to: XXXXX XXXXX Clerk" in bold at the top of the address. That will route your package to the filing clerk who will then input the writ into the system in the proper manner.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
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