I served my husband with divorce papers. He has hired an attorney. I want to dismiss the case because I learned he has dementia.
Herb's answer
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Answered on October 28, 2018
I do not believe that he needs to sign a dismissal of a dissolution petition. However, you should consult your own attorney before you take any...
Archived
California Divorce? RFO attorney fees
Herb's answer
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Answered on October 27, 2018
There is no such thing as an ex parte appeal. but an order denying a request for attorneys fees in a family law matter is directly appealable, and...
Archived
Trial de Novo or Summary Judgement
Herb's answer
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Answered on October 26, 2018
First of all, it is not clear what you are waiting for. Assuming this case is in a limited (or even unlimited) jurisdiction court, the parties...
Archived
Can a judge’s comment about wanting to finish a trial on time or emphasizing the importance of having a verdict a certain time?
Herb's answer
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Answered on October 26, 2018
These issues may have merit in a post-trial motion and/or appeal. I trust that your defense attorney/appellate attorney will be evaluating them...
Archived
Can an appeal to an order setting aside judgment be filed and discovery conducted at the same time?
Herb's answer
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Answered on October 26, 2018
To answer your question - an appeal will stay (mostly all) proceedings in the case, including discovery, except for unusual circumstances (in which...
Archived
I am on sec 8 ,came home and owner had locks changed, he went to court for an eviction but never notiified me of a court date.he
Herb's answer
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Answered on October 26, 2018
You cannot successfully appeal until you have asked the trial court to set aside the judgment based on lack of service, etc. Please see Code of...
Archived
Will the court approve an emergency hearing for a vexatious litigant motion?
Herb's answer
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Answered on October 24, 2018
The best person to ask is your own attorney. Everyone else would be blindly speculating on the answer.
Archived
Can I file an order of protection or restraining order against a family member for my children?
Herb's answer
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Answered on October 24, 2018
You can try to obtain a restraining order (and you will likely succeed). Be aware however than grandparents have some rights, so be prepared for a...
Archived
How many days do I have to appeal a Minute Order in an Unlimited Case?
Herb's answer
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Answered on October 24, 2018
Most "minute orders" cannot be directly appealed; you must await a final judgment. There are some exceptions, and it may be that your order is the...
Archived
My question concerns Civil Code Section 47 and if there is an exception to privileged testimony.
Herb's answer
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Answered on October 23, 2018
Libel and slander no; but you may have grounds to sue for malicious prosecution.
Please consult a litigation attorney.
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