Can I file Motion for Judgment on the Pleadings after my demurrer is overruled instead of appeal to the appellate court?
Herb's answer
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Answered on April 23, 2016
An order overruling a demurrer is not an appealable order. Your appellate remedy at this juncture is only a petition for writ of mandate, which is...
Archived
What will happen if I just cash a minor's compromise check instead of depositing it in the special account?
Herb's answer
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Answered on April 17, 2016
What could (and likely would) happen is that the judge will discover that you breached your legal duties; order you to return the money to the...
Archived
Complicated situation - need expert advise - conspiracy/blacklist/defamation case
Herb's answer
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Answered on April 16, 2016
The trial court judge probably does not have the power to consider a late-filed motion for reconsideration. It matters not that you have new...
Archived
Is motion for reconsideration needed before filing an appeal, custody visitation.
Herb's answer
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Answered on April 15, 2016
A motion for reconsideration is not a prerequisite to an appeal, but it might be necessary if you have new or different facts, circumstances or law...
Does CCP 909 mean that new evidences which, became available after Court trial or hearing, can be presented to the appeal?
Herb's answer
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Answered on April 15, 2016
Good question. But despite the language of the code section, the Court of Appeal will virtually never - and I focus on the word "never" - actually...
Archived
Can you add an Amicus Curiae brief to an appeal on a limited jurisdiction case or are they limited to the appeals at the COA?
Herb's answer
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Answered on April 15, 2016
The rules for amicus briefs in limited jurisdiction appeals can be found at Rule of Court 8.882.
Archived
When you appeal from an appealable order, do you only discuss the facts on that order or do you also discuss the final judgment?
Herb's answer
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Answered on April 12, 2016
The answer depends in part on the nature of the order that you are appealing from. Assuming that it is a post-judgment order, you may need to...
Archived
The judge ordered for me to sell my home, can I appeal?
Herb's answer
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Answered on April 11, 2016
An order or judgment compelling you yo sell you home can, as a technical matter, be appealed. That does not mean an appeal is a good idea,...
Archived
I need to know the chances of success of my appeal of the grant of an Anti-SLAPP motion - more than 50%?.
Herb's answer
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Answered on April 11, 2016
No attorney can answer your question in the abstract. Anti-SLAPP orders are reviewed de novo (as questions of law), so you get a "fresh start" in...
Archived
Can I be sued as a co-owner of the vehicle, despite the fact that I was not involved in the accident? Also, can I not respond?
Herb's answer
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Answered on April 10, 2016
Yes, as the owner of the vehicle you can be sued. Further, even if you are not personally named in the lawsuit, the claim will trigger your own...
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