What can I do if my appellate attorney has made mistakes in the formatting of the Opening Brief, causing it to get rejected ?
Herb's answer
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Answered on November 09, 2018
As my colleague states, court of appeal brief filing deadlines are not at all strict, unless the attorney truly ignores the various opportunities...
Archived
Can I 170.6 a judge if my writ of mandate is denied?
Herb's answer
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Answered on November 08, 2018
No. You could disqualify the judge only if the writ was granted and the matter remanded for a new evidentiary hearing.
As for the stay issue,...
Archived
How long can I wait to file an abstract? Its been about 3 years since I won after the def. appealed?
Herb's answer
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Answered on November 08, 2018
California judgments are valid for 10 years (and renewable for another 10), earning 10% simple interest per year.
You can still record your...
Archived
What would be the consequence if one has on-going repeatedly violated ccp 1013a after being given warning by the court ?
Herb's answer
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Answered on November 07, 2018
The case is not "over" until and unless the court enters a dismissal or a judgment.
Archived
If you fail to show up to an OSC can you be responsible for the other sides costs and fees?
Herb's answer
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Answered on November 07, 2018
The answer to your first question depends on the nature of the case and whether there was a valid reason for not attending the OSC.
The answer to...
Archived
No Contact plea deal. Does victim specification need to be stated and can due process be denied if openly objected to?
Herb's answer
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Answered on November 07, 2018
I recommend that you post this question under criminal defense in Florida. Your brother might also want tol consult with a criminal defense...
Archived
What is are the rules of court or precedure for dvro hearing after tro was granted? Is this procedural misconduct?
Herb's answer
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Answered on November 05, 2018
You have the right to appeal the order. Whether an appeal might succeed is another matter that cannot be predicted without a review of the...
Archived
Appeal of denial of family law attorney’s fees for appeal.
Herb's answer
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Answered on November 04, 2018
Probably none, if I follow your question. You cannot win a fee award for efforts undertaken in pro per. You may consider the option of a writ...
In California Court of Appeal case, what happens if a Respondent fails to file their Respondent's brief?
Herb's answer
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Answered on November 03, 2018
If the rule 8.220 notice has not yet been issued (and is not included in the order denying the eot) the respondent is still entitled to that notice...
Archived
What can I do to make sure I keep my baby?
Herb's answer
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Answered on November 02, 2018
I recommend that you consult with an experienced family law attorney as soon as possible. You need legal advice and representation.
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