Archived
In the appellate court, do status of limitation appeals generally get process faster?
Herb's answer
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Answered on March 24, 2019
First, I have never heard of a pattern whereby appeals on a statute of limitations issue is processed quicker than other cases. The time is takes...
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Archived
I filed appeal but found out the issue must wait until a final judgment - my appellant brief is coming due - what should I do?
Herb's answer
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Answered on March 23, 2019
I appreciate your situation and the questions asked are good ones. But attorneys cannot provide such case and client specific recommendations in a...
Archived
Communications between a party and opposing counsel.
Herb's answer
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Answered on March 23, 2019
Yes, the attorney can refuse to speak to you directly. You have a lawyer for a reason, and there are many reasons why opposing counsel may not...
Archived
What can i do?
Herb's answer
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Answered on March 23, 2019
A change in custody is much too complicated a matter to address on a public website based on snippets of information. I recommend that you consult...
Archived
Is it customary that attorney's / parties respond to Oral Argument waiver notices for appeals court if they don't want to argue?
Herb's answer
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Answered on March 23, 2019
Professional appellate counsel almost never waive oral argument unless they represent the respondent and the appellant also waives. Criminal...
Family Law - OSC responsive declaration rejected
Herb's answer
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Answered on March 23, 2019
I have no idea why the court did what it did. I recommend that you consult with a local family law attorney for guidance.
Archived
An employee, and on occasion an owner, of a business sexually harass me at a public farmers market. Can they be held liable?
Herb's answer
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Answered on March 22, 2019
You might consider bringing the conduct to the attention of the Farmer's Market management; it has an interest in stopping such harassment.
Can the appellate court rule on issues brought in the trial court, but wasn’t raised on appeal?
Herb's answer
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Answered on March 22, 2019
Yes, the Court of Appeal can do so, as long as it first provides the parties an opportunity to brief the issue. This is especially true if the...
Archived
Advice on Defamation case
Herb's answer
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Answered on March 21, 2019
First, you have the right to appeal the order denying your anti-SLAPP motion.
Second, it sounds like you have an attorney (as most parties who are...
Archived
Can I sue my employer for condoning assault from another employee upon me?
Herb's answer
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Answered on March 21, 2019
I recommend that you consult with an attorney who handles employment law; you may have a claim against your employer as well as a claim against...
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