Archived
RE: 170.6c (Lower Case c). I am unclear if this is a request within my Brief, or a seperate Motion after reversal.
Herb's answer
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Answered on December 22, 2018
You should make this request in your brief. If the matter is remanded for a new trial (that is, a new evidentiary hearing) the disqualification is...
Archived
Do I have grounds for hiking kidnapping or what options do I have?
Herb's answer
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Answered on December 22, 2018
Your best option is to consult with an experienced family law attorney.
Archived
What can be done if non custodial party doesn't provide all his documents that he was asked to produce?
Herb's answer
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Answered on December 21, 2018
The best way to get an answer is to ask your attorney. We don't know the details; your attorney does. And it is the details that matter.
Archived
Is a former Atty entitled to a fee if she moved to withdraw?
Herb's answer
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Answered on December 21, 2018
Your current attorney should handle this issue for you.
What is the procedure to demand a jury trial in a Probate petition?
Herb's answer
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Answered on December 21, 2018
With limited exceptions there are no jury trial in probate proceedings. I recommend that you retain a competent probate litigation attorney to...
Archived
My appeal before appellate court and California Supreme Court?
Herb's answer
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Answered on December 21, 2018
Sorry to hear about the outcome, but not surprised. For what its worth, this happens frequently. Only 17% of state court civil appeals result in...
Can you appeal a Ruling with different legal theory &
case than the attorney used in a motion that was decided against you?
Herb's answer
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Answered on December 21, 2018
The general rule is that the appellate court will not consider a new or different theory than that presented in the trial court, for the purpose of...
When I go back to court for a trial de novo and the judge rules in my favor could I ask for some type of motion to deny appeal ?
Herb's answer
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Answered on December 21, 2018
I do not understand the question. What kind of case is this? A small claims case or something other?
Nor do I understand what you mean by a...
Archived
We evicted a tenant and he didn't show up at trial so we proceeded with proving he owed rent and the judge gave us a judgment
Herb's answer
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Answered on December 20, 2018
If the tenant did not show up at trial, he probably does not even have the right to appeal. You might want to retain an appellate attorney to see...
Archived
In an appeal of termination of parental rights, can a court appointed attorney deny to represent you?
Herb's answer
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Answered on December 20, 2018
As to your question about the attorney, the answer is that the attorney has an ethical obligation to you (and to the court of appeal) to advise...
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