About Wallace Francis

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So far Wallace Francis has created 205 blog entries.

Default Judgments

1 Count 30 Days from The Date of Service of Process Begin counting days the day after service is made. Count Saturdays and Sundays. If the 30th day falls on a weekend or holiday, the defendant has until the next court day. 2 Take The Defendant's Default Do this step by filling out and filing multiple forms [...]

Court disregards DUI science

California Supreme Court Outlaws Science In DUI Cases Scientific evidence challenging the accuracy of breathalyzers is not admissible, California Supreme Court rules. Scientific evidence cannot be brought into evidence to challenge a borderline conviction for driving under the influence of alcohol (DUI) in California. The state Supreme Court last week rejected Terry Vangelder's attempt to [...]

California marijuana law

California laws regarding the possession of marijuana are complex. There is no need to be arrested and your plants confiscated for growing or possessing marijuana in California unless you are not following the guidelines and understanding either the state or local county rules that apply. It may surprise you to know that what will go [...]

Arbitration appeals

Appealing arbitration decisions, for the most part, are a losers' game.  The standard for an appeal of an award is totally different from that of a court case.  The term is "vacatur" which means the award can be wrong on the law, completely misapply is and it DOES NOT MATTER. You read that correctly.  It [...]

When the Judge has not read your papers

I have read various articles over the years about how you should never ask a judge if they have read the papers.  Thurmon Arnold, one of my favorite bloggers, commented in a post on advice for self-represented litigants the following:   Rule #6: Never Assume the Court Has Read the File, and Never Ask Never [...]

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