Archived
Should I hire an attorney to represent my husband for his upcoming court date, hearing after remittitur on appeal?
Herb's answer
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Answered on January 22, 2020
If he was represented by a public defender, the case will be assigned back to that office. If not you should contact whoever defended him in the...
Archived
Sanctions
Herb's answer
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Answered on January 21, 2020
Not only are not all sanctions (immediately) appealable, but except in few circumstances sanctions are reviewed for abuse of discretion by the...
Archived
General advice ?
Herb's answer
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Answered on January 20, 2020
Have you brought the error to the attention of the attorney?
If you file a Motion for Reconsideration of an Anti-SLAPP, does the time to appeal get extended until after that's heard?
Herb's answer
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Answered on January 20, 2020
Mr. Tokar is correct, but I write to emphasize the requirement that the motion for reconsideration be " valid" in order to extend time. This does...
Archived
Do I need an attorney for a 9th circuit appeal case that has already been filed- I've already done their questionnaire etc.
Herb's answer
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Answered on January 19, 2020
I suspect that the questionnaire that you completed was merely the mediation questionnaire. As Mr. Klatt points out, you still have the entire...
Once an appeal is filed, does it stop the Trial Court from hearing a Motion For Reconsideration (Superior Court CA, Civil Law) ?
Herb's answer
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Answered on January 17, 2020
A notice of appeal cuts off the trial courts jurisdiction to consider a motion for reconsideration, and supercedes that request. Nor can the trial...
Do we file an appeal OR CCP 473 OR do we file a motion for reconsideration; WHICH IS MORE PROPER? CA Superior Court Civil
Herb's answer
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Answered on January 17, 2020
With all due respect, Plaintiff needs an attorney to parse the best response. Be aware that a hearing is not always required to resolve a...
Archived
United States Court of appeals for the Ninth Circuit
Herb's answer
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Answered on January 17, 2020
No one can answer you question without knowing the specifics of the case. I recommend that your parent rely on the advice of an immigration law...
Archived
When you appeal from an Anti-SLAPP order, can you drop your appeal and go back to the trial court if you change your mind?
Herb's answer
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Answered on January 17, 2020
Technically the court of appeal need not dismiss the case on request of the appellant. Much depends on how far the case has bone (have all briefs...
Archived
Can judgements of cross-actions in family court and civil court be appealed in part?
Herb's answer
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Answered on January 17, 2020
An appellant can only appeal an order/judgment that is adverse to them, and not the part of the case that is favorable to them. It is called...
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