Archived
I have appealed a Family Law Judgment. I have appealed the Judgment. The Judge has asked me to furnish a Appeal Bond.
Herb's answer
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Answered on November 14, 2016
If you obtain a true bond, the premium that you paid for the bond is a recoverable cost if you prevail on appeal. However, there are many...
I have a scheduled "family court short cause trial". How do I delay this trial?
Herb's answer
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Answered on November 12, 2016
You need to file an ex parte motion for a continuance of the trial date. You might be able to get an attorney to do this for you (but most...
Archived
How can I find out if my lawyer needs to be looked at for a possible conflict of interest.
Herb's answer
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Answered on November 05, 2016
The paralegal has no right to to a portion of your settlement. As for the attorney, he may be obligated to hold back the money pending a...
Archived
Can I file a new case (not appeal) for case I lost in small claims court (Calif) (Civil code 1712-14)
Herb's answer
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Answered on November 02, 2016
I suspect that you lost because the small claims court has no jurisdiction over such matters. Instead, this is part of your divorce and only the...
Archived
I had a case against Target dismissed yesterday due to my not supplying misc documents. The trial was scheduled for no. 8th 2016
Herb's answer
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Answered on November 01, 2016
The dismissal is appealable (meaning that you have the right to an appeal). Whether the appeal has any merit is another question, which cannot be...
Archived
Is there a time limit as to when a respondent and their attorney can file to make us pay their attorney fees?
Herb's answer
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Answered on October 28, 2016
A motion for attorneys fees in a civil matter must be filed in the same time period for filing a notice of appeal, which is generally (but not...
Archived
Can an opposing lawyer charge excessively for his fees than what the disputed amount is?
Herb's answer
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Answered on October 27, 2016
Whether the opposing attorney is even entitled to his or her attorney fees needs to be examined. That being said, you cannot control what the...
Archived
What is the time period and procedure and likelihood of winning an appeal?
Herb's answer
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Answered on October 27, 2016
You ask the right questions, but the answers are complex and some depend on the circumstances of your case. They cannot be answered in a short...
Archived
How to make my Small Claims Case appeal proof? And why a motion to vacate?
Herb's answer
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Answered on October 26, 2016
An appeal from a small claims judgment is "de novo", meaning it is a whole new trial. A do-over, and the judge hearing the appeal is free to...
Archived
Litigation appellate attorney to review anti-slap decision. how should I proceed?
Herb's answer
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Answered on October 26, 2016
Having handled and written about anti-SLAPP motions, I generally agree with Mr. Kassman. However, whether there is some appellate issue in your...
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