Thursday, June 14, 2012

JUSTICE | Superior Court attempts to thwart eviction appeal

The appeal of my eviction was dismissed for failure to pay the reporter's transcripts fee. I thought that this was an error since I applied for an order waiving fees, which was granted; however, today, Emily, a clerk at the Superior Court of California, County of Santa Clara, Civil Division, said that all fees are covered by the fee waiver except the reporter's transcripts fee.

Even still, dismissing the case seems harsh and unwarranted. All other courts favor any and all remedies just shy of that; rarely, do they ever resort to a dismissal. Simply not providing transcripts, but leaving the case otherwise untouched, would be the typical and expected response—unless, of course, you consider the fact that demons were involved in the original proceedings.

This is the letter that I attempted to correct the problem with, although it will not:
Letter to the Clerk of the Superior Court re Wrongful Dismissal of Appeal of Unlawful Detainer Action