Archived
Can you do a motion to augment the record and a supp brief if new law & facts have been discovered after oral argument occurred?
Herb's answer
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Answered on August 13, 2018
In almost all situations the Court of Appeal will not consider anything new at this point in time. If there is a new published opinion that would...
Archived
Can I be evicted in Calif. if i press assault & battery charges on landlord or sue in civil court?
Herb's answer
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Answered on August 12, 2018
You could probably defend an unlawful detainer on the grounds of retaliatory eviction and violation of the Unruh act, as well as the terms of your...
Archived
How to sue for p&s, because he stoped support, house went to forclosue, I pd. To stop it.
Herb's answer
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Answered on August 12, 2018
this is a family law problem, not a civil lawsuit. Please consult with a qualified family law attorney immediately.
Archived
How can I insure that I am informed about settlement offers letters from the Defending attorney given to my Attorney?
Herb's answer
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Answered on August 12, 2018
Your attorney should advise you of any offer - written or oral, good or bad. I recommend that you ask your attorney where any offers were made and...
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Archived
If I am served at a job site/gig for a family law order how long do I have to review the document before being forced to vacate?
Herb's answer
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Answered on August 12, 2018
Your time to respond does not depend on where you were served. Read it now and then get a lawyer to advise you.
Archived
How can i get an attorney to help me becuase the attorney i have now they provided is not fighting for me
Herb's answer
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Answered on August 12, 2018
I recommend that you consult with an attorney who is experienced in depedendency proceeding (juvenile court) immediately.
Archived
Is this a legal contract?
Herb's answer
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Answered on August 11, 2018
An oral agreement can be enforced in many circumstances. You are best advised to consult with a business/partnership attorney for assistance.
Archived
State Court case removed to Federal court. And then Notice of Appeal filed in Federal court to take to circuit crt. Control?
Herb's answer
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Answered on August 11, 2018
A remand from federal district court back to state court is, generally, not reviewable by an appellate court, although there are exceptions to that...
Archived
Pre-nup?
Herb's answer
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Answered on August 10, 2018
There is no standard fee. Nor can attorneys on AVVO directly solicit your employment. I recommend that you call several family law attorneys and...
Archived
Does the party who initiates an appeal have more attorney fees and costs than the responding party?
Herb's answer
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Answered on August 10, 2018
The appealing party is likely to incur twice the fees as the respondent. If there is a cross-appeal, however, the fees may come close to being...
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