Can I open a deformation of character/slander lawsuit against my sister for the lies told in her deposition for our probate case
Herb's answer
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Answered on January 05, 2019
You cannot sue someone for testimony given in a court proceeding (including a deposition), even if it was intentionally false. Your remedy is to...
Archived
Does a pro bono attorney need the court transcript before deciding to take case
Herb's answer
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Answered on January 05, 2019
If he is looking for a "pro bono" attorney to prosecute an appeal, he will get one if he cannot afford private counsel. That is automatic.
Be...
Archived
Can I sue Indian gaming company?
Herb's answer
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Answered on January 04, 2019
This kind of claim is normally covered by workers comp, but the fact that the employer is an indian casino may take it out of that system. I...
How do I or what form do I use to request an extension for a civil case?
Herb's answer
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Answered on January 04, 2019
Usually the plaintiff's attorney will cooperate; I would start with making a request.
Can a Superior court judge in California, sua sponte, give a plaintiff leave to amend a complaint?
Herb's answer
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Answered on January 04, 2019
If the defendant's motion was an anti-SLAPP special motion to strike (and my best guess is that it was), you are best advised to retain an...
Archived
I am attempting to get full case transcripts from my husband criminal case. Superior court of California, los angels county.
Herb's answer
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Answered on January 03, 2019
Its not clear how long ago the appellate proceeding was heard. If its recent, you can probably still review the record at the clerks office of the...
Archived
Can the attorney dismiss a solid case against the plaintiffs will because he wants out?
Herb's answer
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Answered on January 02, 2019
Your attorney can withdraw (while protecting your rights) but he cannot dismiss your case without your express consent. Doing so can expose him to...
Archived
I just got home from court now I wait for something called writ of restitution can I file an appeal within 30 days Lost job 21 y
Herb's answer
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Answered on January 01, 2019
Unfortunately a notice of appeal itself will not stop the eviction. You need an attorney; if you cannot afford one I recommend that you contact a...
Archived
In an unlimited civil case, if the respondent files a motion to strike late, & then appeals the judge's decision, what can i do?
Herb's answer
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Answered on January 01, 2019
That might be an argument you make in your respondent's brief, but cannot be the basis for dismissing the appeal. Assuming that the order is...
Archived
A question regarding appellate reply briefs
Herb's answer
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Answered on January 01, 2019
There is no default grace period for reply briefs.
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