Archived
How long do i have to appeal and entry of judgement in an unlawful detainer action in california limited civil court?
Herb's answer
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Answered on July 22, 2019
You have 30 days from the date that the notice was served (mailed), not from the date you received it. If you intend to appeal you need to act...
Archived
How do I find an attorney who will sue my lawyer for malpractice?
Herb's answer
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Answered on July 21, 2019
The first thing that you need to ascertain is whether you have grounds for a malpractice suit or just a fee dispute. They are very different kinds...
Archived
Judge removal?
Herb's answer
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Answered on July 21, 2019
The answer depends in part on the grounds for disqualification (peremptory or for causes). But the best answer always is: as soon as possible once...
Archived
Are there questions of law that the Supreme Court must answer if not resolved at the appellate level?
Herb's answer
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Answered on July 21, 2019
The Supreme Court is never required to take a case except under ver y rare circumstances, and your private interest in the outcome of a case does...
Archived
Can I file a Notice of Appeal and a First Amended Complaint?
Herb's answer
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Answered on July 20, 2019
Yes. In fact, if the case was dismissed against the one defendant, you must appeal now or lose your right to do so. Be careful about the deadline.
Archived
Can anyone recommend a legal malpractice atty specializing in family law as well family law attys specializing in appeals ?
Herb's answer
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Answered on July 20, 2019
We are not permitted to respond to solicitations posted on AVVO. You may be able to locate attorneys who handle malpractice via AVVO's Find a...
Archived
Does the Supreme Court ever grant a review when an Appellate Court violates Govt Code § 68081?
Herb's answer
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Answered on July 19, 2019
Yes, the Supreme Court may intervene in such a situation, assuming that it is clear that the appellate court violated the rule. The remedy is that...
Can we be sued if we use water activity in our backyard it seeps into my neighbor's yard and we don't know how.
Herb's answer
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Answered on July 17, 2019
If it appears that your neighbors are serious, you need to alert your homeowner's insurance carrier. Failure to do so could waive coverage of any...
Archived
Can the decision of the appellate division of superior court for a UD be appealed to the California Court of Appeal?
Herb's answer
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Answered on July 16, 2019
You can file a motion to certify the appeal to go to the state court of appeal, but you will need a better reason that the one your provided. The...
Archived
Remittitur Issued.
what does that mean?
Herb's answer
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Answered on July 16, 2019
It means that jurisdiction over the case has now returned to the trial court level. That has little consequence if your father lost the appeal.
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