Archived
When a judge grants forfeiture of a property on an unlawful detainer but Defendant appeals, does time for cross complaint toll?
Herb's answer
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Answered on January 27, 2017
Your question is confusing because there a cross-complaint and "another lawsuit" are different things.
If there was a cross-complaint filed...
Archived
How can I bar heard as a third party in a cps case
Herb's answer
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Answered on January 24, 2017
I concur with my colleagues: try your best to retain an attorney or at least look for pro bono legal advice froma family law attorney.
Archived
Is a responsive pleading mandatory on an OSC hearing for failure to serve defendants in California Superior Unlimited cases?
Herb's answer
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Answered on January 24, 2017
That depends on whether you have now served the defendants (and filed the POS). If you have, you need only appear at the hearing to confirm that...
Archived
Notice of rejection
Herb's answer
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Answered on January 24, 2017
You can probably simply resubmit a proper POS. Do it now. Whether you need to re-serve her depends on whether she claims that she was never...
Archived
SC-140 questions - California
Herb's answer
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Answered on January 24, 2017
The omission regarding an appeal from the judgment or the denial of the motion to vacate, probably does not vitiate her right to appeal. Notices...
Archived
Can a judge say explicitly one things and go back and mean another?
Herb's answer
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Answered on January 22, 2017
Judges are generally free to clarify or modify their rulings up through the time of entry of judgment, and under some circumstances, even afterwards.
Archived
Status: Stipulated Judgment 01/09/2017
Herb's answer
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Answered on January 20, 2017
You really need to consult with a family law attorney for advice. No credible attorney will give you advice on line based on a docket.
Plus, I...
In a finder's fee agreement, what is a typical % of backend royalties?
Herb's answer
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Answered on January 20, 2017
I am moving this to entertainment law. But also need to say this is not the type of question that you should seek an answer to on AVVO. I...
Archived
Is it true that when a defendant appeals a small claim case the plaintiff is prohibited from amending the case in any way?
Herb's answer
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Answered on January 20, 2017
You cannot add defendants to an appeal who were not originally named in the underlying lawsuit, nor can you change venue. You may, however, be...
Archived
I filed a small claims suit for $2000. Would a corporation be foolish to file an appeal over this amount?
Herb's answer
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Answered on January 20, 2017
First, most large corporations have in-house counsel working on salary, so they don't need to hire outside counsel at a high hourly rate.
Second,...
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