The process server left papers outside our gate-is that personal service?
Your only appellate remedy is a petition for writ of mandate, which in lay terms is a form of an expedited appeal. You have very little time to file such a petition, and its form and content is strictly proscribed by rules of court.
Often in these circumstances it is better to simply meet the UD action directly, because even if this service is quashed, the landlord will only re-serve you. There are other ways to obtain the time you need to prepare a defense, cure the default, or move, depending on your intentions.
I was curious when my check was going to come after the settlement was signed
Usually the settlement agreement spells out the time period for payment.See question
I need to find a new lawyer to for my pro per appeal against cps..
It is not clear what the connection is between wanting to consult with a psychiatrist and your appeal. If the purpose of the consultation is to offer new evidence, it cannot be done in an appeal. Appeals are decided strictly on the evidence offered in the trial court, and the Court of Appeal will not accept new evidence.
Perhaps that is the information given to you by the appellate attorney whom you want to replace.
What if my public defender and attorney isn't helping me the best of his ability? For appeal's on my cps cases
it is not clear why you believe the attorney is not helping you to the "best of his ability." Appeals are different than trial court proceedings, and there are strict rules about what can and should be argued. Further, appeals typically take a very, very long time. I recommend that you try to speak to the attorney and voice your concerns, if you have not done so already.
You are always free to retain your own private attorney (for which you will need to pay fees).
An ex friend of mine is accusing me of scratching her car at the amount of 3000 dollars she won the case can I appeal?
You have the right to appeal, and if you were sued in small claims court, that appeal means a new trial. Please see the small claims clerk for the appeal forms and information. You must act quickly because there is a short time fame to file the notice of appeal.See question
If I want to file a motion requesting to stay an appeal, is there any specific code of civil procedure or case law that authorizes that? I know that not every request has supporting statutes, and was wondering if there is a supporting code/statut...
The answer is no, there are none because appeals are not "stayed", with one exception: the filing of a bankruptcy petition. If the parties are negotiating a settlement, for example, the courts of appeal will usually suspend the briefing schedule so to give the parties time. The court will also grant extensions of time to briefs. So it is not clear what you want to "stay" or why. What is it you are trying to achieve?See question
Within acouple of months of my husband filing for divorce in CA, I approached him and his lawyer several times to settle and coem to an agreement. They both refused. Fast forward 2 1/2 years and over $130,000 in attorney fees for me, I repeated...
Your post is a little confusing. The judge denied your request for attorney's fees because there was no evidence that you had "tried" what? Was it because your attorney failed to request fees on a timely basis (which could be legal malpractice by your attorney) or that there was no evidence that you had "tried" to ask your ex for fees (which might be a legal error that could be corrected on appeal).
It might also be that you are not entitled to fees at all, or that the judge in his/her discretion denied your request for fees.
You might consider a consultation with another family law attorney and/or an appellate attorney who handles family law appeals, to review the record and offer guidance. It might be that you need a referral to a legal malpractice attorney, but there is not enough information here to make that call.
Weird situation too long to get into. short version have Permanent Civil Restraining Order on estranged husbands girlfriend who aided in kidnapping my children.There was proper service, POS on file with court.She filed year ago to vacate RO falsel...
You might also consider filing a Motion to Vacate the order that vacated the R/O, pursuant to Code of Civil Procedure 473.; see in particular subsection d, relating to motions to set aside void orders. It is a complex but frequently used statute.
And, of course, you'd be much, much better off if this was handled by an attorney. Like it or not, judges tend to disbelieve anything (and everything) that self-represented parties claim in matters like these.
The attorney representing my case vs. the NFL created a conflict of interest and will not withdraw from my case. i am looking for a small firm or individual practice person to handle my case on a contingency basis.
Your attorney cannot refuse to withdraw, because you have the absolute right to replace him or her with another attorney. Find that new attorney asap and he or she will take care of it from there.,See question
My spouse has filed for bifurcation of marital status. I don't know what he wrote in this petition as the reason for demanding so. Could you please tell me how to oppose it ; I cannot present myself on the hearing date as I am out of country and ...
Its easy: you hire an attorney. You do not have to appear as long as your attorney appears.See question