Archived
Should I call and negotiate with the SEC myself or need an attorney? and how many times can they keep subpoenaing me ?
Herb's answer
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Answered on March 21, 2016
As I understand your question, you are being investigated by the SEC for allegedly illegal (i.e., criminal) wrongdoing. You fired your previous...
Archived
Does a motion to vacate have to be brought in front of the same judge that issued the order sought to be vacated?
Herb's answer
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Answered on March 19, 2016
Not sure I understand your question. CCP 128(a)(8) does not set out a procedure for moving in the trial court to vacate a judgment. Instead, it...
Archived
Is a court order deeming a case non-complex appealable? or does a writ have to be brought instead?
Herb's answer
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Answered on March 19, 2016
This would not be a directly appealable order, and so a writ petition would be the remedy. Be aware however, that such decisions are nearly always...
Archived
Is an order on a motion to vacate a court's order immediately appealable?
Herb's answer
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Answered on March 19, 2016
The answer will depend on whether the order that you tried to vacate, was itself appealable. Some are; many are not. If not, a writ of mandate is...
Archived
How do i appeal the appealed decision ?
Herb's answer
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Answered on March 19, 2016
Unfortunately you cannot appeal. for two reasons: plaintiffs cannot appeal small claims cases (only defendants can appeal), and the appellate...
Archived
Can I appeal the restraining order
Herb's answer
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Answered on March 17, 2016
If the current 5 year R/O was issued 2 years ago, your time to appeal has long passed.
Archived
If a motion is heard and ruled on but later on you realize that it was untimely, is it moot for appeal purposes?
Herb's answer
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Answered on March 17, 2016
Your question does not have enough details be be answerable. Generally speaking, if there is no objection to timeliness and the trial court rules,...
Archived
Commission On Judicial Performance complaint due to continued delay in decision making. Can I try Civil Court for atrny fees?
Herb's answer
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Answered on March 16, 2016
Your frustration with the system is valid, but you are barking up the wrong tree.
Neither the Council on Judicial Performance nor the...
Archived
What is my role in the appeal process? Do I wait to see if there is an appeal? How do I address the appeal? How do I stop her
Herb's answer
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Answered on March 14, 2016
Just a few observations:
First, her appeal does stay (suspend) the effectiveness of the restraining order. That means that it remains in...
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Archived
Is it conflict of interest if I retained an attorney using a POA for my husband's first marriage? Can this attny be removed?
Herb's answer
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Answered on March 11, 2016
The attorney has a conflict if he or she was privy to confidential or personal information about you (including your finances, personal life,...
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