Archived
Entry of default on defendant was entered by clerk. Court has scheduled a prove up hearing. Am I too late to file my documents?
Herb's answer
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Answered on December 13, 2018
The entry of a default under many situations does not automatically entitle you to any particular judgment. You still must produce evidence of the...
Archived
How do I get help for my son who was convicted of domestic violence against his girlfriend?
Herb's answer
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Answered on December 13, 2018
I recommend that your son consult with an appellate specialist immediately. If he was represented by a public defender, that office will usually...
Archived
If a retired judge on a temporary assignment doesn't have his education per CA Rules of Court rule 2.813(a) is a judgment valid?
Herb's answer
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Answered on December 13, 2018
You may have a valid theory, assuming that the temporary judge has been retired for more than five years, and the credibility of your belief that...
Archived
I want to appeal a judges order, but his order is not signed or filed.?
Herb's answer
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Answered on December 13, 2018
First and most important question is: can the order be appealed? Most cannot; some can; some can only be reviewed by way of a petition for writ of...
Archived
I am the Respondent representing myself in an Appeal? Do I need to submit a Clerk's Transcript with my Respondent Brief?
Herb's answer
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Answered on December 10, 2018
Your question is confusing. Are you the appellant or the respondent?
And, is this is criminal case or civil?
Finally, under most circumstances...
Archived
If you file a writ with the Court of Appeal but it gets bounced by their efiling system is that considered timely when amended?
Herb's answer
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Answered on December 10, 2018
If your writ petition was rejected and not filed, there is nothing to "amend". I recommend that you consult with an appellate attorney to discuss...
Archived
When you request an Emergency stay from the Court of Appeal through a Writ of Mandate is it considered a writ of supersedeas?
Herb's answer
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Answered on December 10, 2018
A writ of mandate is not the method for obtaining a stay of enforcement of a judgment from the court of appeal. Usually you would file a notice of...
Where and when do I file a CCP 904.1(b) appeal motion?
Herb's answer
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Answered on December 10, 2018
Its much more complicated than you may realize, assuming this is an unlimited jurisdiction case (0ver $25,000). The notice of appeal is filed in...
Archived
How do I submit arequest toextend my medical license as I wait for my appeal to gothrough since it was revoked after losing case
Herb's answer
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Answered on December 09, 2018
With all due respect. you should retain competent counsel asap.
Archived
When your attorney is going to be suspended?can he sell his clients cases to a firm of 2 non CA attorneys?.
Herb's answer
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Answered on December 08, 2018
He can "sell" his practice but not his clients - and certainly not to attorneys not licensed in California. You have the absolute right to choose...
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