I just received a call from ICS, Independent Courier Services saying they are going to serve a summons to me?
Herb's answer
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Answered on March 21, 2019
I agree that this sounds like a scam. In my experience no judge has the authority to order you to be home during a certain time to accept service...
What are my chances of me winning summary judgment have anyone ever heard of both sides losing summary judgment ?
Herb's answer
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Answered on March 21, 2019
That the Defendant's MSJ was denied has nothing at all to do with whether your MSJ will be granted. Both sides lose MSJs all the time, and...
Archived
Do I have to file a judgement on a denial of a restraining order ?
Herb's answer
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Answered on March 21, 2019
Orders denying a restraining order are immediately appealable; there is no need for a "judgment". You do need for a written order issued by the...
Archived
Can you escalate MTC for Discovery to the Court of Appeals or are you required to wait till the case is over at Trial Court?
Herb's answer
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Answered on March 21, 2019
A motion to compel discovery is usually reviewed by way of a petition for writ of mandate, which in simplistic terms is a discretionary but...
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How long can you wait to file a restraining order?
Herb's answer
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Answered on March 20, 2019
It is not too late, but you should file as soon as possible for many reasons. You should also consider retaining counsel. If the perpetrator has...
Archived
If a judge sustained demurrers filed by the defendants w/o leave to amend, can the case be dismissed w/o prejudice and refiled?
Herb's answer
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Answered on March 18, 2019
In an appeal from a judgment of dismissal after demurrers are sustained without leave, the appellant can generally raised on appeal new legal...
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When does the 60 "day" counter start for the time of appeal if the party was in court?
Herb's answer
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Answered on March 17, 2019
Mr. Kassman is correct as a general matter. However there are certain types of orders (in particular, restraining orders) that state that the...
Archived
Can you do a second Writ of Mandate at the Court of Appeal if you had problem uploading the record the first time?
Herb's answer
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Answered on March 17, 2019
More information is required. Was the first writ summarilly denied? Was it denied for lack of a record? Is it still pending? Are you up against a...
Archived
Can a testimony from a TRO hearing be used in a defamation case?
Herb's answer
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Answered on March 16, 2019
Also, be aware that if you file the defamation suit, it will likely be the subject of a special motion to strike the complaint (an "anti-SLAPP"...
Archived
How do I obtain information regarding other driver car insurance?
Herb's answer
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Answered on March 16, 2019
There is no reason for you to contact the driver personally. Please consult with a personal injury attorney who can handle this for you on a...
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