Archived
Is there anything my ex-husband can do against my sister the defendant in a probate case for lying in court about him
Herb's answer
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Answered on January 09, 2019
You cannot sue someone for their testimony in court. The remedy is to prove to the judge that their testimony is untruthful. I assume that you...
Archived
How do I make someone come to the mandatory arbitration after he cancelled twice(Statue of limitation is running out soon)?
Herb's answer
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Answered on January 09, 2019
An attorney who has family problems that interfere with his or her ability to effectively represent a client, must take steps to protect the...
Archived
Can I ask for refund from appellate Court?
Herb's answer
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Answered on January 09, 2019
Unfortunately, the answer is no. There is no rule allowing refunds. Please be aware that the court of appeal spends thousands of dollars in staff...
Archived
I am the plaintiff on a small claims court in CA. I won my case, but not happy. What are my options?
Herb's answer
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Answered on January 09, 2019
Most plaintiffs are unhappy with the amount of a judgment. There is no guarantee that the judge or jury will agree with the plaintiff's assessment...
Archived
Does 30 day waiting period apply after second hearing on matter following a motion to vacate?
Herb's answer
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Answered on January 09, 2019
Yes it does apply. The vacated default judgment is a nullity. You had a trial and won, and the all of the defendant's statutory rights remain...
How do I file a formal complaint against a paralegal who was unprofessional and gave personal and legal advice I didn’t ask for?
Herb's answer
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Answered on January 08, 2019
More important than complaining: both of you need to consult with your own family law attorneys.
Archived
How do I appeal a domestic violence elderly abuse civil harassment restraining order that was given judgement on November 16th
Herb's answer
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Answered on January 08, 2019
It appears that you have little time to appeal. No one can advise you on AVVO; a full review of the history of your case is required. I recommend...
Archived
Found out an order was signed by my ex's boyfriend?
Herb's answer
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Answered on January 07, 2019
I assume that you mean that your ex's boyfriend signed the proof of service (which is not an order). There is nothing improper about that. If you...
Archived
What does On the court's own mtn, the petition is dismissed as prematuremean?
Herb's answer
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Answered on January 07, 2019
It probably means that you do not yet have an order that the court of appeal can review pursuant to the rules governing juvenile dependency court...
Archived
Can I file a motion for reconsideration of an appellate court order?
Herb's answer
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Answered on January 06, 2019
Please be more specific about the "order" that you refer to. An order is different than an appellate court's opinion about the merits of your...
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