If a case is dismissed on an order sustaining demurrer with no leave to amend can plaintiff file a request to dismiss
Herb's answer
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Answered on December 22, 2016
I do not know how you "voluntarily" dismiss a case that has already been dismissed by demurrer. You may have a remedy in an appeal,however. I...
Archived
Work Privilege
Herb's answer
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Answered on December 21, 2016
I agree that caselaw establishes a work product privilege for pro pers. Whether the documents at issue rise to the level of that privilege is...
Archived
What I can do after I lost an appeal for checking on the wrong box?
Herb's answer
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Answered on December 19, 2016
Please provide more information so that someone can respond.
What form did you file? (there is more than one Notice of Appeal form that has boxes...
Archived
My kids we're. it's been two yrs sense I seen my kids I lost my my appeal can I take it to a higher legal of court
Herb's answer
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Answered on December 17, 2016
You have a short period of time (40 days from the Court of Appeal's decision) to file a petition for review with the California Supreme Court. But...
Archived
I filed an appeal for a DVRO granted against me. Is the DVRO still active since the appeal is still pending?
Herb's answer
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Answered on December 16, 2016
Yes. And be careful: violating the DVRO could itself be grounds to dismiss your appeal.
Archived
California real estate debtor creditor foreclosuer
Herb's answer
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Answered on December 16, 2016
I would not expect the creditor to appeal. That would make no sense because it is much simpler and less expensive to serve you correctly.
As...
Archived
Can ANTISLAPP motion be flled AFTER i remove the defendant form the original complaint?
Herb's answer
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Answered on December 15, 2016
I am having trouble understanding what happened and what you were trying to do. Did you dismiss this defendant by the Request for Dismissal Form? ...
Appeals Court, lost on default, dismissed, neither party filed a brief, but Respondent to recover costs, no dollar amount named.
Herb's answer
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Answered on December 15, 2016
This is normal. The Court of Appeal usually awards costs on appeal to the prevailing party (in this case, your ex). That party must then seek an...
Archived
Can I appeal a denial of a motion to quash in an unlawful detainer case in California?
Herb's answer
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Answered on December 10, 2016
Your only appellate remedy is a petition for writ of mandate, which in lay terms is a form of an expedited appeal. You have very little time to...
Archived
If the judge signs your settlements on the 2nd of November how long should it take til the check come
Herb's answer
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Answered on December 09, 2016
Usually the settlement agreement spells out the time period for payment.
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