Archived
Can you file your notice of appeal of an order granting an Anti-SLAPP along with the order for attorneys fees? That is 1 appeal?
Herb's answer
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Answered on February 28, 2020
You can appeal both orders by one notice of appeal (assuming that the Notice is timely for both orders.) Be aware however that a notice of appeal...
Archived
How to ask Court of appeal to provide detailed answer?
Herb's answer
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Answered on February 27, 2020
Perhaps 90 percent of writ petitions are summarily denied. You don't get to know more because the court of appeal will not explain. If you want...
Archived
I filed a lawsuit for SOL and then filed another for different COA but some of the first parties were also in the first lawsuit.
Herb's answer
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Answered on February 27, 2020
Violation of the one final judgment rule can certainly be a response to an appeal. How and whether the rule applies to your case requires a full...
To preserve appeal on a dismissal you must file a motion in appellate time limits, but what if late-filed motion is granted?
Herb's answer
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Answered on February 27, 2020
With all due respect your question needs to be answered by an appellate attorney who reviews the entire record to ascertain exactly what happened.
Archived
I filed an appeal but only designated the reporter's transcript of one of the hearings (the one that shows a mistake was made)?
Herb's answer
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Answered on February 27, 2020
If there was no reporter you should have designated and prepared a settled statement or agreed statement in lieu of a transcript. How the Court of...
My case got dismissed today because I didn't file a proof of service,I am filing an appeal but the other party was never served?
Herb's answer
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Answered on February 27, 2020
An appeal may not be the proper procedure to remedy the dismissal. I recommend that you retain litigation counsel.
Archived
Can a party subpoena the Court of Appeal's research attorney's draft on a Writ of Mandate?
Herb's answer
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Answered on February 26, 2020
The court system is not a "state agency" as that term is defined by the public records act. Further, research attorneys perform their functions as...
Archived
What is the deadline to file an appeal on a denied motion to vacate judgment on a limited civil case?
Herb's answer
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Answered on February 26, 2020
If in fact you have not bee effectively served with notice of entry or a copy of the order, you still have time. But the proof is in the pudding. ...
Anti-Slapp motion (Yelp review defamation)
Herb's answer
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Answered on February 24, 2020
I will add to my colleagues' responses that another reason for retaining counsel now is that anti-SLAPP law is very complex. There are literally...
Archived
How can I evict a tenant in California for nonpayment of rent, without paying a big bill myself?
Herb's answer
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Answered on February 23, 2020
In my opinion it is a mistake to rely on public websites for individualized legal advice - which it appears you need. I recommend that you consult...
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