I am the plaintiff of a small claim and I won. Can I set aside the judgment if the defendant filed for an appeal and/or even if
Herb's answer
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Answered on March 31, 2017
If you want to enter into a settlement agreement with the defendant that asks the court to sign an order vacating the judgment, the court will...
Archived
What serves as the Notice of Intent within 15 days for new trial?
Herb's answer
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Answered on March 30, 2017
To directly answer your question, the Notice of Intent is not a "request for order". The Notice must be precisely drawn and timely filed, or you...
Archived
The Ruling Notice I received is vague on what it ruled on. Is it OK to ask the court for clarification?
Herb's answer
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Answered on March 30, 2017
While it may be true that you need clarification, be aware that there is no statutory procedure for asking for it, and that the request will not...
Does requesting a motion for new trial ruin my appeal rights?
Herb's answer
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Answered on March 29, 2017
A Motion for New Trial is often used to create or raise issues that can later be argued on appeal. Be aware, however, that your attorney's mere...
Archived
Am I subject to ANTI SLAPP to strike my complaint when the defendant breached a written contract by providing work product
Herb's answer
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Answered on March 28, 2017
Taken at its face value, your description of the breach of contract complaint appears to qualify as a SLAPP because you are suing the defendant for...
Archived
Can a property settlement issued by a judge be fought and what is the SOL on doing it?
Herb's answer
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Answered on March 28, 2017
You brother needs to consult with a family law attorney immediately
Can the lower court clerk still issue a subpoena for production of documents while case is dismissed and pending appeal?
Herb's answer
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Answered on March 28, 2017
There is a procedure for seeking leave to conduct discovery while a case is on appeal, but it is rarely used and requires a showing of exigent...
Is it illegal in apple valley California to dumpster dive?
Herb's answer
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Answered on March 27, 2017
this appears to be a question of criminal law and I am changing the category so that attorneys who may be able to answer will see the posting.
Archived
Opposing Attorney Mistakes and Attorney Fee
Herb's answer
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Answered on March 27, 2017
The trial judge will set the amount of the attorney fee award based on a standard of "reasonableness." You are free to argue that the requested...
Archived
Domestic violence restraining order appeal deadline
Herb's answer
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Answered on March 27, 2017
It is anywhere from 60 to 180 days depending on a variety of factors that are too numerous and complicated to explain here. The rule of thumb...
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