Archived
What is the best way to appeal a Order of Protection (restraining order)? California, Los Angeles, Van Nuys.
Herb's answer
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Answered on June 21, 2017
Restraining orders are usually issued by unlimited jurisdiction courts, but no one can provide advice without seeing the order itself. Best to...
Archived
If a decision is appealed in one case, does a cross-claim still move forward?
Herb's answer
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Answered on June 21, 2017
There is no strict rule. The answer depends on, among other things, the nature of the cross-complaint and the nature of the order being appealed. ...
How do you know if the other party is not participating in the Appeal for unlimited Civil action?
Herb's answer
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Answered on June 18, 2017
If you are the appellant (the party who is appealing), you have the obligation to designate all of the lower court documents that are even remotely...
Archived
Can I appeal a probate decision handed down?
Herb's answer
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Answered on June 18, 2017
I recommend that you retain an appellate attorney who handles probate court appeals to determine, first, whether the decision is now appealable and...
Archived
Divorce . I lost my case and have a question for my appeal
Herb's answer
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Answered on June 14, 2017
You have stated enough facts to raise the possibility of a meritorious appeal. Much will depend on how well you developed these issues at trial,...
Archived
Appeals - Final Statement of Decision/ Proposed Judgement ?
Herb's answer
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Answered on June 13, 2017
If you neglect to object to the Statement of Decision - whether it is labelled proposed or final - the Court of Appeal may take adverse inferences...
Can I get a non refundable retainer fee back from a cabinet contractor we ended up not using?
Herb's answer
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Answered on June 13, 2017
Your best remedy is probably to sue the cabinet maker in small claims court. By the way, this is not really an ethics question as this category is...
What happens when a lawyer lies under oath to protect the client she represent?
Herb's answer
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Answered on June 09, 2017
Nothing happens unless you convince the judge that the attorney lied (which is not easy to do). I recommend that you focus on the evidentiary and...
Archived
Can I sue a former employee?
Herb's answer
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Answered on June 09, 2017
You cannot sue her yet. But if you have have not already done so, you need to retain legal counsel immediately.
Archived
Does the Appeal Court look unfavorably to parties who do not respond?
Herb's answer
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Answered on June 09, 2017
Absolutely bad advice. With a response, the court of appeal will accept the appellant's representations of the facts and procedures at the trial...
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