Archived
If a judge “ruled on the pleadings” by motion of counsel, what are my “Statement of Facts” on appeal?
Herb's answer
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Answered on October 03, 2017
Generally speaking, the answer to your question is yes: the "facts" are your allegations, which will be presumed to be true (that means the court...
Archived
If demurrer in eviction is overruled and i have grounds 4 writ of mandate will filing a petition 4 writ extend time 2 answer?
Herb's answer
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Answered on October 02, 2017
No, the writ petition will not stop the action from moving forward (including your obligation to respond) absent an order from the appellate...
Archived
Can my previous lawyer keep trial deposit if he quit on day 1 of trial?
Herb's answer
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Answered on October 01, 2017
This appears to be what is referred to as a "fee dispute" and you have the right to an accounting from the old lawyer, and then a fee dispute...
Archived
How can I compel compliance of contractually agreed upon dispute resolution solely with binding arbitration using JAMS?
Herb's answer
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Answered on September 29, 2017
There are (at least) two issues here. Are you seeking a return of fees paid? In that case you have the statutory right to a fee dispute...
Archived
Appeal of Ruling in favor of defendant in a Motion to set aside entry of Default?
Herb's answer
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Answered on September 25, 2017
Whether you must appeal now has nothing to do with a motion for reconsideration. It depends on whether a default judgment (not merely a default)...
Is there a procedure in Civil Law where a Judge is mandated to take judicial notice of a void order?
Herb's answer
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Answered on September 25, 2017
With all due respect, a party or witness does not tell a court that an order is void on its face. You make that assertion, and the court makes the...
Archived
My son was served with a notice to appear in small claims court for an accident and he is 100% disabled?
Herb's answer
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Answered on September 21, 2017
You don't specify the nature of the accident, but if it was vehicular you should call your insurance company immediately and send it a copy of...
Archived
How can lawyers on this site answer legal questions without violating rules of professional responsibility?
Herb's answer
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Answered on September 19, 2017
Your concern is well placed, although your question has it backwards. Nothing prevents me, as a California attorney, to generally discuss...
Can a civil court appeal be reinstated for mistakenly filing late after a motion to dismiss appeal was granted.
Herb's answer
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Answered on September 19, 2017
Your question is unclear. What did you file late? The Notice of Appeal, or your Opening Brief?
Archived
Is there any way to wave lawyers fee on a dismissed case?
Herb's answer
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Answered on September 16, 2017
The opposing side is entitled to reimbursement of certain "costs", which may or may not include attorneys fees. The can't get it by sending you an...
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