Archived
Who determines whether a cause of action is barred by res judicata? The judge on that case or the court of appeal?
Herb's answer
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Answered on December 20, 2018
The trial court normally rules on all issues first; then the appealing party can claim that the trial judge's conclusions or decision was...
Archived
Advice on whether or not to fire my attorney?
Herb's answer
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Answered on December 19, 2018
If my client fired me so to be able to make an extortion threat over my advice, the idea that I would be afterwards agree to be "rehired"...
Archived
California Supreme Court and Appeals in Appellate Court?
Herb's answer
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Answered on December 19, 2018
The record is returned because the order denying the petition for review is immediately final. That means there is no right to file a Petition for...
Archived
Confusion with a lawyer?
Herb's answer
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Answered on December 18, 2018
I am not clear what you are asking. You don't trust your attorney and you don't like the direction he is taking you in the case, yet you won't...
Archived
Can my supervisor and sargent make me take off my uniform, and can my boss take me off schedule for reporting it?
Herb's answer
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Answered on December 17, 2018
You may have claims for sexual harassment, false imprisonment, and wrongful termination in violation of public policy, and perhaps more. I...
A motion to vacate an order void on its face can be made at any time , or must it be brought within 10 days of order's entry?
Herb's answer
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Answered on December 17, 2018
Because the order vacating the default judgment is a post-judgment order, it can be appealed now (and in fact must be appealed now if you want to...
Car accident claim settled by defendant buy now Hertz is suing me because her company won't pay rental car damage
Herb's answer
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Answered on December 17, 2018
This claim should be submitted to your own insurance company.
Archived
What are potential outcomes of Motion to Vacate hearing filed by defendant in small claims case? I am the plaintiff.
Herb's answer
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Answered on December 17, 2018
Thank you for your series of questions. No one can predict how a judge might rule (at least not without personally reviewing the entire court...
Archived
Exists, the action remains pending. Please Help. Any and all suggestions are welcome. Thank you.
Herb's answer
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Answered on December 14, 2018
You need to draft the judgment and file it asking the judge to sign, allowing opposing counsel to object to its form.
Archived
Surgeon did not repair 1 of 2 hernias. The other is still giving husband severe pain. what can we do?
Herb's answer
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Answered on December 13, 2018
If you believe that the doctor committed medical malpractice, you should consult with an attorney who handle such claims. Be aware that your are...
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