What is the legal ground (court rule) to use for judicial error argument in a motion to vacate dismissal and reinstate appeal?
Herb's answer
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Answered on August 18, 2023
I assume that the court of appeal served you with a notice of default and provided 15 days to correct the CIS, which would have been the...
Need an appellate attorney.
Herb's answer
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Answered on August 18, 2023
We cannot respond to direct inquiries posted in this forum. You can search for an appellate attorney using the Find A Lawyer feature of AVVO or...
On appeal how would the court of appeal see that the judge treated the parties differently regarding the same issue?
Herb's answer
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Answered on August 17, 2023
In order to win an appeal, in most situations you must prove not only that the judge made an error of law but also that the error was prejudicial...
Can I cite two laws as a part of the same claim?
Herb's answer
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Answered on August 16, 2023
Not sure what you mean by handling it "privately". There is nothing private about filing a lawsuit. The court file is public record and there are...
How Do State Appellate Courts Allow New Evidence?
Herb's answer
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Answered on August 14, 2023
The court of appeal's authority to consider new evidence is used only for the purpose of affirming the judgment and cannot be used to contradict...
I need an attorney.
Herb's answer
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Answered on August 13, 2023
Extrinsic fraud is rare, and usually cannot be proved in the first instance by way of an appeal because it requires evidence that, by definition,...
Judge retired mid-case, new judge removed previously allowed punitive claims. Next Step if a Motion for Reconsideration fails?
Herb's answer
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Answered on August 13, 2023
You can attempt to reinstate the punitive damage claim by way of a Petition for Writ of Mandate that is filed in the Court of Appeal. These are...
Appeals Court 's error
Herb's answer
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Answered on August 12, 2023
There is no "right" to a rehearing in the Court of Appeal. There is a right to request a rehearing, but at least 95% of such requests are...
I am a self-represented litigant suing the City of Los Angeles and the LAPD- are there any legal aid funds for deposition costs?
Herb's answer
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Answered on August 12, 2023
If you have a decent case, there are scores of attorneys in southern california who might consider accepting the case on a contingency fee basis,...
Could a plaintiff attempt to use a technical dismissal, not filing a paper in a timely manner, to get out of a civil case?
Herb's answer
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Answered on August 11, 2023
I also wonder why you believe that you can win a dismissal because opposing counsel did not "file a paper with the court." It usually takes much...
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