Archived
May a Federal or Constitutional Claim of Due Process be presented for the first time in a Petition for Review in the CA Supreme?
Herb's answer
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Answered on July 27, 2019
The plain answer is that the Supreme Court can grant relief if it wants to - it is much less constrained by custom or rules than lower courts. ...
Archived
Does interest on COSTS run from the judgment on verdict was entered or from the date the court approves the costs memorandum?
Herb's answer
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Answered on July 27, 2019
Interest accrues on the entire judgment including costs from the day the judgment was entered, even if the cost were added later.
Archived
What do I need to do after my minor kids (15 and 16) were caught stealing at a retail store?
Herb's answer
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Answered on July 26, 2019
If you are concerned about a record, as you describe, I recommend retaining an attorney to assure that any settlement agreement with the store is...
Archived
Can I be deposed a second time in a civil class action if the complaint is amended?
Herb's answer
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Answered on July 26, 2019
If you are lead plaintiff in a class action, you should direct your question to class counsel, who represents you.
Archived
What do you do if the court takes almost 3 weeks to issue a writ for possession?
Herb's answer
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Answered on July 26, 2019
Judges don't commit elder abuse as that term is defined by law. If you disagree with the trial court's decision, you have remedies including a...
RE: ANTI-SLAPP MOTION - Plaintiff’s Petition for rehearing by court of appeals rejected because not filed in 15 days. Now what?
Herb's answer
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Answered on July 26, 2019
Your questions:
Is that it, or can the Plaintiff still make a motion for reconsideration of the request for rehearing in hopes it will be...
Archived
As protected party of domestic violence restraining order in a CA divorce, will I violate it if I send a letter to my husband?
Herb's answer
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Answered on July 25, 2019
Your post raises several important appellate procedural questions, and I suspect that you misapprehend how the appellate court operates. I suggest...
Do we need to file FL 319 and FL 158 for requesting attorney fees on appeal after winning the appeal?
Herb's answer
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Answered on July 24, 2019
with all due respect, your appellate attorney should be handling this for you.
Archived
I'm a tenant in an unlawful detainer action. A summary judgment was granted to Plaintiff? what timeline do i have to oppose
Herb's answer
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Answered on July 24, 2019
If you did not file opposition timely, you will have significant problems on appeal. You need to consult with an UD attorney immediately.
Archived
I need to either appeal or file a motion for renewal. Please help.
Herb's answer
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Answered on July 24, 2019
First, you may not have 90 days to appeal.
Second, I doubt that your your motion for reconsideration was denied because your attorney did not...
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