Archived
How do I object or get FOAH to reflect what the judge had ordered after it has been turned in by ex's lawyer (without my sign.)?
Herb's answer
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Answered on November 02, 2018
This is a common situation when the judge asks a party to prepare the order.
If you filed objections and the judge signed the order over your...
Archived
What is the requirement to represent your self if your attorney that you want to fire does not want to sign the substitution ?
Herb's answer
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Answered on November 02, 2018
Although it is probably not a good idea to be in pro per, your attorney really has no choice but to sign. If in fact he or she refuses to do so,...
Archived
Does the court determine the amount of bond or undertaking in a civil appeal??
Herb's answer
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Answered on November 02, 2018
It depends on the nature of the judgment. If a money judgment, the bond amount must be (usually) 1.5 times the face of the judgment. If another...
Archived
At Evidentiary Hearing, court ruled that my lien of $200,000 against a residence was unenforceable? I filed an appeal.
Herb's answer
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Answered on November 02, 2018
Assuming that you need an undertaking to stay enforcement (your question is confusing and it is not clear what you are appealing from or that you...
Archived
Ive been sued in small claims but not in my legal name what should i do?
Herb's answer
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Answered on October 31, 2018
If you are the right "person" against whom the allegations are made, its a simple process for the plaintiff to amend the complaint (or the...
The Order to Show Cause is re: Entry of Judgment - why would they do this (I was forced into agreeing with this back on July 10
Herb's answer
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Answered on October 31, 2018
You(normally) don't appeal the "entry" of judgment; instead you appeal from the judgment itself. The court is simply attempting to compel one...
Archived
Can I file for an appeal or a mistrial in a custody move away case?
Herb's answer
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Answered on October 31, 2018
I recommend that you immediately consult with an appellate attorney who handles family law/custody matters. You need an assessment as to your...
Archived
What happens if I don’t show up to a San Diego court hearing in a civil harassment if I am the plaintiff?
Herb's answer
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Answered on October 31, 2018
If it was denied because neither you nor your attorney appeared in court, you have no grounds to appeal. For your other options I recommend that...
Archived
Unpaid Insurance claim .. will it led to criminal charges?
Herb's answer
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Answered on October 29, 2018
I recommend that you consult with a litigation attorney to determine your rights and options. I do not handle these types of cases.
Can a defense attorney force an alleged victim and/or an alleged witness to attend a deposition before trial ?
Herb's answer
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Answered on October 28, 2018
In civil litigation, either party can compel the opposing party and/or witnesses to attend a deposition.
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