Archived
CA 9th circuit of appeal writ of Mandamus: Do I need to file notice of an appeal also with District court and pay fees to both?
Herb's answer
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Answered on April 08, 2019
You seem to be confusing a writ petition with an appeal. They are wholly different proceedings with different procedures, and you do not initiate...
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Archived
Can i Subpoena the bank?
Herb's answer
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Answered on April 07, 2019
There is normally no discovery once a matter is on appeal. If you still have probate court proceedings ongoing that are ancillary to the appeal,...
Archived
How long should I wait for payment of a judgement before trying to get help collecting ??
Herb's answer
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Answered on April 06, 2019
If you have a judgment and no appeal has been filed or bond posted. yo u can enforce now
For appeal, is it an abuse of discretion if a trial court issues warnings of sanctions and then does not follow through?
Herb's answer
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Answered on April 06, 2019
Given that an award of sanctions is highly discretionary, it is hard to imagine a situation where the failure to award sanctions is an abuse of...
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Archived
On appeal does a statutory requirement of express findings have the same effect as a statement of decision?
Herb's answer
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Answered on April 06, 2019
Your questions are sophisticated but somewhat ambiguous. In any event, the interplay between the doctrine of implied findings, a court's failure...
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Archived
Am I required to try to try to get a writ of mandate on a final ruling by the Superior court?
Herb's answer
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Answered on April 05, 2019
There is authority that a vexatious litigant order can be appealed to the appellate division or to the state court of appeal (depending on whether...
Archived
Can I get a limited civil default judgment dismissed?
Herb's answer
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Answered on April 04, 2019
You would need to file a Motion to Vacate the Default and the Default Judgment pursuant to Code of Civil Procedure sections 473 and 473.5. The only...
Archived
What reason my sister want me to sign a Waiver bond and Change Beneficiary
Herb's answer
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Answered on April 04, 2019
I recommend that you do not sign any document that you do not understand and agree with. You should consult with a probate attorney for advice.
Archived
How long i have to appeal a restraining order in San Francisco, Ca?
Herb's answer
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Answered on April 04, 2019
You have 60 days starting from the date of the hearing assuming you were present and served with the order, or if you were not present, formally...
Can a party that filed for a motion to reconsider in probate court be granted a continuation of the hearing?
Herb's answer
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Answered on April 04, 2019
You can always ask the judge, but do not expect it to be granted. There is no form; you would have to appear on an ex parte application basis and...
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