Archived
Could I file a notice of appeal for the enforcement of a foreign prenup agreement without a entry of judgment? How many days?
Herb's answer
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Answered on January 24, 2019
There is a procedure in the Family Code allowing a party to request permission to prosecute an "interlocutory appeal" when there has been an...
Archived
How do I ask the court to stay a legal malpractice case until after the circuit court make their decision on the appeal ?
Herb's answer
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Answered on January 23, 2019
You file a motion with the trial court in your malpractice claim.
Hopefully you are not in pro per in that case; malpractice is difficult to...
Archived
Can I appeal an order in California state court denying my Motion to set aside a default?
Herb's answer
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Answered on January 23, 2019
You must await a judgment to appeal; whether you should attempt a motion to vacate the judgment once it is entered szis a question to consider. ...
Archived
Is there a time limit to file motion of lack of jurisdiction in CA Appeals court?
Herb's answer
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Answered on January 23, 2019
There is no deadline for demonstrating the appellate court's lack of jurisdiction, although 18 months after the filing of the AOB is a long time. ...
Archived
Can you ask to see the record that the Court of Appeal considered in your case?
Herb's answer
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Answered on January 22, 2019
Your attorney should provide this to you. Or, you can usually view the record at the court of appeal's clerks office.
Archived
If you forgot to put copies of the record on a Writ of Mandate and it was denied can you refile?
Herb's answer
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Answered on January 22, 2019
You can't go to the Supreme Court without a record any more than you could at the Court of Appeal.
You can try instead a petition for rehearing at...
Archived
How many justices have to decide on a case in the California Court of Appeal?
Herb's answer
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Answered on January 22, 2019
Each case is heard by a panel of three justices, but only 2 are needed to agree on the decision.
Duty of parties and consequences of misstating the record on appeal.
Herb's answer
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Answered on January 18, 2019
Mr. Green is correct. This provides you with plenty to point and and dispute in your reply brief. Whether the attorney actually exceeded his...
Archived
I need help with a motion to stay the civil proceedings until the appeals court make a decision on my appeal?
Herb's answer
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Answered on January 17, 2019
You should use AVVO's find a lawyer feature, or the San Diego County Bar Association Legal Referral Service, or just google to find attorneys in SD...
Archived
What to put on the Appeal to make my casre Appealable?
Herb's answer
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Answered on January 16, 2019
With all due respect, I recommend that you consult with an appellate attorney immediately. Neither an order granting reconsideration or the order...
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