Archived
Can I appeal a restraining order when I did not agree for the hearing to be heard by a commissioner rather than a judge?
Herb's answer
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Answered on May 18, 2016
More information is needed, including whether this was a temporary order (remains in place until a hearing on a permanent order), or if this...
Archived
My attorney ignored my case, admitted that he planned to quit practicing law, case was dismissed for fail to appear. any advice?
Herb's answer
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Answered on May 14, 2016
Assuming that you would like to reinstate the case against your employer, you should probably file a Motion to Vacate the Dismissal pursuant to...
Archived
Can anyone file a supplemental appellate brief under crc 8.200 in the court of appeal?
Herb's answer
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Answered on May 14, 2016
Not sure what you mean by "anyone". Assuming you are a party to the appeal, you can ask for leave. But don't be surprised if it is denied (it...
How long is it until oral argument after the case is fully briefed by both sides in the Second District Court of Appeals? And w
Herb's answer
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Answered on May 12, 2016
I completely concur with my colleagues.
I will add this as to the standard of review: "de novo" review is the exception, not the rule, and most...
Archived
Post-judgment motions - two Notices to Appeal or one?
Herb's answer
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Answered on May 11, 2016
You file one notice of appeal, and identify the judgment and the post-judgment orders that you are appealing from on the face of that notice. Not...
Archived
Can a trial court make any rulings that make a writ of mandate pending in court of appeal moot?
Herb's answer
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Answered on May 09, 2016
The filing of a writ petition alone does not stay the trial court's jurisdiction to move the case forward. Whether another reassignment makes moot...
Can you file a writ of supersedeus while a petition to the supreme court of california is pending?
Herb's answer
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Answered on May 09, 2016
I agree with Mr. May. The Court of Appeal no longer has jurisdiction over the case. Any supersedeas petition would have to be filed in the...
Archived
One receive a favorable verdict from public entity. How could the defendant appeal the compensatory & punitive award granted.
Herb's answer
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Answered on May 08, 2016
I assume that if you won an award of punitive damages against a public entity, you were represented by an amazing trial attorney, because public...
Archived
Appeal question
Herb's answer
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Answered on May 06, 2016
Determining the deadline for filing a Notice of Appeal can at times be very difficult. No attorney can give you an informed answer without first...
Archived
Can I appeal this DV due to being unjust?
Herb's answer
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Answered on May 06, 2016
You have the right to appeal; the question is whether you can win. An appeal is not a new trial, and if there is any conflicting evidence, the...
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