Archived
If no statement of decision is requested in a trial and the doctrine of implied findings is applied by the COA but it is clear
Herb's answer
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Answered on June 27, 2019
To add to Mr. Daymude's excellent answer, appellate courts do not decide whether the trial court's decision was "wrong". Instead the appellate...
Archived
Question about motion to vacate and judgment that is considered void under 473(d)
Herb's answer
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Answered on June 27, 2019
If the judgment is void, it is void as a matter of law. A court does not not have "discretion" to vacate or not vacate a judgment that is actually...
Does the Supreme Court actually “read” petitions?
Herb's answer
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Answered on June 27, 2019
The California Supreme Court has an entire staff of experienced research attorneys who review all petitions for review. Not sure I understand your...
Archived
If I file for a rehearing in the state appeals court, may I also submit a request for judicial notice?
Herb's answer
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Answered on June 26, 2019
The court of appeal will almost certainly not take judicial notice of an unpublished opinion especially if the opinion is "recently found" as...
Archived
Can new Defendant (distributor) appeal decision to dismiss former Defendant (manufacturer) for lack of personal jurisdiction?
Herb's answer
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Answered on June 26, 2019
The issue is whether the distributor has standing to appeal, and I would not venture a guess without much more information. Recommend that you...
Does a fl350 have to be filed with the court or can we just sign in front of notary?
Herb's answer
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Answered on June 25, 2019
Unless the stipulation is entered as a court order, it is nothing more than an agreement that cannot be enforced. Notarizing the signatures has no...
Archived
Can you file a motion to vacate judgment and a motion to dismiss in the same brief?as well as change of venue? Or is it too much
Herb's answer
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Answered on June 24, 2019
If there is already a judgment against you, its too late to file a motion to dismiss or change of venue. I recommend that you retain counsel as...
Archived
May I submit new evidence as a cross petitioner in a Petition for Review in Supreme Court?
Herb's answer
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Answered on June 23, 2019
Nope. And I have nver heard of a cross-petitioner for review, though I am always willing to learn new things. There is a procedure for asking the...
Archived
What should I do if the attorney I had in my case filed to be relieved and was asked and sworn in to explain why he needed....
Herb's answer
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Answered on June 23, 2019
I recommend that you retain a new attorney as soon as possible. You do not want to be represented by an attorney who does not want to do so. Any...
Archived
Can a married women with one child make her husband leave their apartment if he is not on the lease in the state of California?
Herb's answer
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Answered on June 22, 2019
Your daughter is best advised to consult with a family law attorney for advice and representation.
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