Has anyone dealt with issues with non-compliance of CRC 8.124(c) in California appellate cases?
Timothy's answer
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Answered on June 21, 2020
It is not clear what you are asking. Are you appellant or respondent? Do you want the exhibits sent up or not? Are you just trying to get a copy of...
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Adjudication of issues reversed and remanded after appeal.
Timothy's answer
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Answered on June 18, 2020
You are correct that they issues will be "re-litigated following the directions in the appeal court’s opinion and using the original evidence." But...
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Archived
What kind of lawyer do I need?
Timothy's answer
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Answered on June 18, 2020
Excellent advice from my colleagues Mr. Doland and Ms. Stern.
Archived
Who is responsible for cracked window ?
Timothy's answer
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Answered on June 18, 2020
I put this in Landlord & Tenant.
I would consider the remedy of repairing the window and withholding the cost from next month's rent. The...
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In the California Court of Appeals, after the record on appeal is designated there was additional evidence?
Timothy's answer
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Answered on June 17, 2020
What documents?
Possibly they had been designated but not originally sent up, or the Court requested them. Certain documents like trial exhibits...
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Appellate case for s restraining order- petition for review Granted in supreme Court
Timothy's answer
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Answered on June 17, 2020
It looks like the Court of Appeal denied your ex's writ petition, and he filed a petition for review in the California Supreme Court, which granted...
I have been ordered by the court to pay Court Reporter fees. How do I find out how much they are and where to send payment?
Timothy's answer
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Answered on June 17, 2020
You can contact the reporter like Ms. Koslyn said to get a written cost estimate. CRC 8.130(b)(1)(A).
Or you can personally compute the amount...
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Does a lien on a single family property end when the civil case it is associated with it ends?
Timothy's answer
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Answered on June 17, 2020
What is the nature of the lien? Do you have a right to attach order? A deed of trust?
Generally the lien follows the money. So you would have...
Motion to strike affirmative defenses? - State court
Timothy's answer
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Answered on June 16, 2020
It is the same deadline to file a demurrer to the answer, neither of which is 10 days. Cal. Code of Civ. Proc, §§ 430.40.
But do not bother....
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Trial Judge issued a [Proposed} Statement of Decision without ruling on Defendant's motion to strike promissory note ?
Timothy's answer
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Answered on June 13, 2020
Did the plaintiff produce the original promissory note at trial? It is required. Comm. Code sec 3309-3310. See, e.g.,...
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