Can I file an appeal based on the witness lying in court? What are my chances of winning if based on this?
Herb's answer
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Answered on June 02, 2016
To answer your first question first, your chance of winning an appeal based on a claim that a witness lied, is very close to zero. The appellate...
Archived
Vacating the dismissal of an appeal
Herb's answer
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Answered on May 31, 2016
Your question is unclear. Has the Court of Appeal actually entered an order dismissing your appeal, or did you only miss the filing deadline? If...
Archived
Fraudulent / Improper Assignment of Judgment?
Herb's answer
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Answered on May 29, 2016
Because of the timing, I suspect that Creditor #5 is filing the assignment because it intends to
a) take legal action to collect [judgment...
Archived
Appealable and Non-Appealable Judgments
Herb's answer
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Answered on May 28, 2016
I am not sure why you describe this motion as "non-statutory", when Code of Civil Procedure section 473(d) authorizes a motion to vacate a judgment...
Archived
Vacating the dismissal of a civil appeal for not timely paying the appeal’s fee
Herb's answer
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Answered on May 28, 2016
You had 15 days to file a motion to vacate the dismissal. Now that the 15 has lapsed, the court of appeal does not have jurisdiction to consider...
Archived
What / How does a defendant in this case appeal the decision of the superior court denying the motion to quash in a UD action?
Herb's answer
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Answered on May 25, 2016
An order denying a motion to quash is not itself subject to an appeal. Therefore, if you wish to challenge it, you must file a writ petition. ...
Archived
Is this True? what court would I file it with?
Herb's answer
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Answered on May 22, 2016
The statutory deadline for filing a notice of appeal is jurisdictional, which means that the appellate court has no authority to consider a...
Archived
I need to know step by step to do to get to Appeal Court?
Herb's answer
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Answered on May 21, 2016
Mr, May has provided you with the rules that govern transfers. Be aware, though, that the vast majority of such requests are denied. That does...
Archived
Records and transcripts for a writ of mandamus
Herb's answer
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Answered on May 19, 2016
The exhibits must be served in the same manner as any pleading; U.S. mail is usually sufficient, as long as the mailing is done (and the proof of...
Archived
Can a trial court hear a case with these procedural issues pending even after Notice of Appeal is filed.
Herb's answer
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Answered on May 19, 2016
Each of these motions, if done properly. would have extended your time to file a notice of appeal. Further, that you filed a motion to reconsider...
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