Archived
Which rules address frivolous arguments and misrepresentations of the record in an appellate answering brief?
Herb's answer
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Answered on May 17, 2018
Please understand that we do not offer legal advice about your particular case. Instead attorneys who voluntarily respond to AVVO inquiries offer...
Archived
If the California Supreme Court has denied to review your case, what are your alternatives? Reconsideration? petition?
Herb's answer
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Answered on May 17, 2018
The part that you are missing regarding Supreme Court review (whether state of federal) is that the Supreme Court does not "police" the Courts...
Archived
Can you appeal a restraining order after the hearing and Judge extended for 5 years? how much it will cost?
Herb's answer
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Answered on May 16, 2018
The order can be appealed. But keep this in mind: if your wife testified or declared that you slapped her, that alone is "evidence" and she is a...
Archived
Does Fed.R. Civ.P. 11 (Rule 11) apply to appellate answering briefs in the 9th Cir.? Can sanctions be requested from the court?
Herb's answer
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Answered on May 16, 2018
Rule 11 does not apply to appeals. See instead Federal Rule of Appellate Procedure 38.
Archived
If you are filing for a default judgmnt in a divorce and you don’t want to seek child support how can you waive right to support
Herb's answer
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Answered on May 16, 2018
Parents cannot "waive" child support because the right to support belongs to the child and the family court retains jurisdiction to grant or modify...
Archived
Do I have a chance to file a reply brief after Plaintiff files his opposition to my motion to quash for lack of jurisdiction?
Herb's answer
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Answered on May 16, 2018
You cannot present new facts or evidence in your reply papers.
California - If actions are still pending, can res judicata be used to demurrer to a case?
Herb's answer
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Answered on May 15, 2018
The judge probably has the discretion to continue the hearing until the appeal is decided.
Defendant filed an appeal based on an incorrect foundation. What are my options?
Herb's answer
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Answered on May 14, 2018
First thing to do is to send a letter to the clerk of the small claims division asking that the hearing date be continued so that you can attend. ...
Archived
Contempt process in California?
Herb's answer
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Answered on May 14, 2018
I am moving your question to family law.
Archived
I am looking for a lawyer to help me pursue a case?
Herb's answer
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Answered on May 12, 2018
I assume that by "filing papers" you mean that he has filed for divorce. Whatever conflicts there may be between his attorney and him or his...
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