Third, relief from judgment may be granted where there has been “fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party”. There are three prerequisites that must be satisfied before the court may grant relief: (1) during trial, the movant must have had a “meritorious” claim; (2) the opposing party must have engaged in fraud, misrepresentation or other misconduct; and (3) such conduct must have hindered the movant from being able to adequately, fully and fairly present its case at the trial (such interference must be substantial). See De Saracho v. Custom Food Mach., Inc., 206 F.3d 874 (9th Cir. 2000).
Fourth, relief from judgment may be granted where the “judgment is void”. The judgment is void, for example, where the court lacked personal jurisdiction over the parties or lacked subject matter jurisdiction over the case. As you learned in previous chapters, courts are given authority to hear certain types of cases. For example, a family court is a court of limited jurisdiction – it may not hear shareholder derivative actions. If a court heard and rendered a verdict on an inappropriate matter, the court can grant relief from the judgment.
Fifth, relief from judgment may be granted where “the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application”.
Finally, the sixth reason on which a court may grant relief from judgment is a catch-all, as the rules allow “any other reason justifying relief from the operation of the judgment.”
In my case, I have tried to give my appointed lawyer everything i have that proves that the "hearsay " evidence submitted by caseworkers was false. ie: in 2009 my DCFS case was substantiated and the family maintenance offered was grief counselling due to death of husband 4 years prior and maintaining work, I was provided with free childcare for a duration of 6 months.
The case was referred because of a hospital visit with my son who was 11 months at the time, he had a subgaleal hemogloma (he tried to climb the couch as he always would and when he fell backwards his head bumped the coffee table, he got right back up and kept trying to climb the couch again so I brushed it off as he was an adventurous child. The social worker at the time of investigation saw for herself how active he son was and even stated that if she hadnt seen it for herself she would of said that i was exaggerating.) It was a hairline fracture and no brain damage. The hemaglobin did not form right away and was noticeable after 2 days, i was accused of negligence cause i didnt take him to the hospital right away. The doctors said that my explination of the incident was in accordance to his his injury. Since there is no bandaid or any other way to fix the hemaglobin the doctor said we just had to wait for it to heal on its own and see pediatrician for a follow up. CPS still substantiated the referral.
In the MCPC Service plan agreement paperwork my worker clearly wrote: Case had opened with DCFS because minor A had an injury to his head. Child abuse was unfounded. Mother has been compliant with all medical appointments.
treatment course on papers checked the following boxes: individual functioning, overall family functioning , parent/child relationship, and parenting skills. appropriate discipline
Dispositon: NONE was checke
reason for referral: VFM case
essential services: in-home counselling 4xmo (resulted in one and was told to get rid of coffee table, the agency that DCFS provided shut down)
linkage services: child care, development services (put daughter in IEP when her first year of school starts- she was 3 at the time and wasnt really talking much)
Employment/training services: i was working and she put my job
Now in the court papers detention cause, this same worker in an interview with current worker said that I was an angry person and that I did not finish anything i was told to do - not completed any anger management, parenting, and that my children go to school with a card attached to their id's forbiding them to talk to anyone without parent permission or without the parents permission.
County counsel has also told the judge that my son needed surgery and that his injury was life threatening.
That's just the one referral they are adamant about because the reason for court present day is due to my son, now 5, having a bloody nose. Same child as above. The only time any referral was for same child.
My other issue is the fact that I recieved no detention report stating the reason or reasons for the detention being approved till Oct. 19. Kids were taken Oct 1, and case referral started Aug 28,2013. They removed my kids 31 days after case was started form their school 2 days after TDM meeting.
So would this be considered along with other proof regarding 2 other referrals, reason to attempt to file a motion for reconsideration under these circumstances?
Any thought or comment would be great for insight because Im at a loss and my kids just want to come to their HOME. Thanks for your help!
Motion to reconsider- would this be applicable
Opinions from various courts of appeal and supreme courts - both federal and state.
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