Archived
In LA Superior Court, are there any local rules related to preserving issues for appeal, or in the California rules of court?
Herb's answer
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Answered on July 25, 2016
There are no formal "rules of court" for preserving issues. There are instead numerous statutes and literally thousands of appellate court...
Archived
If i motion for a consolidation from a UD to a wrongful foreclosure complaint and get denied from the judge can i appeal?
Herb's answer
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Answered on July 23, 2016
An order denying a motion to consolidate is not appealable. You would instead have to attack the order by way of a Petition for Writ of Mandate,...
Archived
If i loose my demurrer and am given another 5 days to answer the Ud can i appeal the demurrer and stay the proceedings?
Herb's answer
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Answered on July 22, 2016
An order overruling a demurrer cannot be appealed. You can try, but it will have no effect on the proceedings, and it will be dismissed by the...
Archived
Malicious Prosecution, Cross-Complaint, Standing: In what scenarios might a sole defendant in a civil case not have ...
Herb's answer
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Answered on July 22, 2016
The answer to your specific question cannot be answered in the abstract; you should consult with an attorney who can review the pleadings and...
Archived
What's the deadline to appeal a ruling from a Motion to Vacate Default Judgment under CCP 473(b) in California? 15 or 30 days?
Herb's answer
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Answered on July 22, 2016
The deadline for filing a Notice of Appeal can range from 30 to 180 days, depending on what court you are in and a number of other circumstances. ...
Archived
Is the trial brief with exhibits that I filed in my divorce included as pat of the clerk's transcript on appeal?
Herb's answer
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Answered on July 19, 2016
Exhibits that are attached to a trial brief will not be considered as evidence in an appeal from a trial proceeding, unless those exhibits were...
Archived
What are the CA Civil codes of procedure that govern contempt hearings?
Herb's answer
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Answered on July 18, 2016
You should review Code of Civil Procedure sections 1209 through 1222. The proceeding itself is heard by the family law judge that issued the...
Archived
What can I do about an attorney who dropped my case closing doors to appeal wrongful termination
Herb's answer
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Answered on July 17, 2016
It appears that the question is whether by failing to file a claim with the personnel review board, you have now lost your chance to seek remedies...
My motion to vacate a default judgment was denied.
Herb's answer
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Answered on July 15, 2016
Yes, you have the right to appeal. But it is important to understand that an appeal is not a new hearing where you can introduce evidence that you...
Archived
Can I get a restraining order and custody orders reversed due to poor council with another firm or only through appeal process
Herb's answer
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Answered on July 14, 2016
What you describe here might be grounds for a malpractice suit against the attorney for monetary damages, or a dispute over his fees, but none...
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