Archived
I need a lawyer to disqualify a judge based on extreme bias and inappropriate behavior, will this be hard to find?
Herb's answer
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Answered on October 09, 2017
I recommend that you consult with an appellate law specialist who handles family law appeals for advice on both sets of issues.
As for your...
Archived
At a trial setting in family law, opposition requests orally a "ruling/motion on the pleadings". I wasn't allowed to respond?
Herb's answer
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Answered on October 08, 2017
No one can answer your questions without first reviewing the pleadings, the transcript of the hearing, and the court's order/judgement. I...
Archived
If I file an Appeal, does it remove jurisdiction from trial court re a 473 motion?
Herb's answer
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Answered on October 06, 2017
Here is your dilemma (putting aside whether a CCP 473 motion entitles you to an extension of time to file your notice of appeal): In your appeal...
Archived
Is not being awarded attorneys fees as sanctions appealable point on appeal?
Herb's answer
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Answered on October 06, 2017
If you were seeking fees as a sanction but the family law court found against you on the merits, the best that you can hope for is a reversal and...
Timing to file a notice of appeal vs. motion for new trial.
Herb's answer
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Answered on October 05, 2017
The term "notice of entry" for the purpose of triggering these deadlines is not what you might think it is, and the definition differs for a notice...
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Is this unsigned Minute Order an appealable order? If it is not, will my appeal be dsmissed?
Thank you
Herb's answer
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Answered on October 05, 2017
Mr. Daymude is correct: an order granting a summary judgment cannot itself be appealed. What is appealable is the judgment entered pursuant to the...
Archived
Any ramifications for withdrawing from being. Lead Counsel on Food Class Action Lawsuit?
Herb's answer
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Answered on October 04, 2017
You need to consult with class counsel (your attorney!)
Does an amended complaint moot a slapp motion?
Herb's answer
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Answered on October 04, 2017
If you have caselaw (or an argument) that the anti-SLAPP motion is not permitted, you need to raise that objection with the trial court by your...
Archived
What happens if a Property Judgment is set aside by a court of appeal without sanctions or without any instructions?
Herb's answer
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Answered on October 04, 2017
The general rule is that a reversal without explicit instructions from the Court of Appeal, means that the case is remanded back to the trial court...
Archived
What is the proper form to file a notice of appeal in a California family law case?
Herb's answer
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Answered on October 03, 2017
In California, there is only one type of notice of appeal for all superior court (unlimited jurisdiction) cases, which includes family law matters....
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