Appeals court wants a hearing/oral arguments after respondent defaulted ... is that a good sign for me, the appellant?
Herb's answer
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Answered on January 31, 2020
The right to oral argument is set forth in the California Constitution. The court of appeal is simply affording you that right, which you can...
Archived
Once the court strikes a cause of action on an Anti-SLAPP, what's the duty of the Plaintiff with regards to the complaint?
Herb's answer
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Answered on January 27, 2020
All good questions, but you need an attorney to review the entire complaint, the anti slapp motion and order, and come up with a strategy. An...
Archived
MOTION TO TERMINATE SANCTIONS AND FOR DEFAULT JUDGMENT IN LIEU OF TRIAL or MOTION IN LIMINE which do you think i should file?
Herb's answer
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Answered on January 26, 2020
I recommend that you log onto the court's docket (not the tentative ruling page) to see if there is a minute order. That the clerk did not mail...
Archived
Evidence was denied admissibility by judge, but counsel said in closing agrument to the jury that it was missing/not produced.
Herb's answer
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Answered on January 26, 2020
I concur with my colleagues, but add that this is the type of an issue that lends itself to a motion for new trial, if there is still time, prior...
Archived
Superior Court's concealment of issue sanctions?
Herb's answer
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Answered on January 25, 2020
At the risk of the obvious, I recommend that you consult your legal counsel about the particulars of your situation. If you do not have an...
Archived
Can someone write the sentencing court a personal letter when a new law passes or must they file a writ. (Sb620) PC 1170(D)(1)
Herb's answer
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Answered on January 25, 2020
She need to discuss this with her defense attorney. Any attempt to send a letter to the court will be disregarded,
Archived
Can a plaintiff who wins a small claims lawsuit get additional interest on the judgment without filing a memorandum of costs?
Herb's answer
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Answered on January 25, 2020
Interest on a loan that the defendant took out because of the plaintiff's breach might be an item of damages, but it is not post-judgment interest...
Archived
How do I obtain the final judgment agreement from a divorce.
Herb's answer
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Answered on January 25, 2020
I would recommend that you start by obtaining a full copy of the court records from the clerk of the court, and retaining a new family law attorney...
What is failure to file proof of service pursuant to ccp 583 et seq?
Herb's answer
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Answered on January 25, 2020
The petitioner is required to file with the court a proper Proof of Service form demonstrating that the Respondent was properly served with the...
Archived
I receive notice of election to rescind
Herb's answer
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Answered on January 25, 2020
Your question cannot be answered because it is too vague. Rescind what??
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