Questions answered by Herb Fox

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I sued in small claims court for the return of a security deposit ($2k). I won the case and won the appeal but he won't pay.

Herb's answer | Answered on September 01, 2015

And you are entitled to your court costs in pursuing collections. You might also be able to attach the defendant's personal assets or attach his...

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I had a civil trial in pro per. Received the reporters transcripts, however, it does not reflect what I said an did. wtf?

Herb's answer | Answered on August 31, 2015

If you are asking how to "correct" the reporter's transcript, you can file a motion in the court of appeal pursuant to Rule of Court 8.155(c). ...

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What can be done if the movant on an MSJ lies And omits critical documents?

Herb's answer | Answered on August 30, 2015

You cannot defeat an msj by accusing the opposing party of "lying" or omitting critical documents. Instead you defeat the MSJ by presenting your...

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Can you ask a judge to report opposing parties to the bar?

Herb's answer | Answered on August 30, 2015

California judges are required to report certain types of attorney misconduct to the State Bar. See Business and Professions Code section 6086.7. ...

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When going through a appeal and the court has just sent out oral arguement waivers ,what is the next step?

Herb's answer | Answered on August 30, 2015

It appears that your husband is getting close to the end of the process, but appeals are very, very slow. My educated guess - and it is only a...

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If my husband and I get a divorce, and I move back out of state, who takes our son?

Herb's answer | Answered on August 29, 2015

If you and your husband cannot agree on custody, a family law judge will make that decision, based on the best interests of the child. Regardless...

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How to bring a retaliatory eviction litigation on landlord?

Herb's answer | Answered on August 29, 2015

I recommend that you consult with an attorney who handles or specializes in tenant's rights. Such an attorney may be willing to represent you on a...

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Are There Any Argumentation Rules/Etiquette in a Hearing?

Herb's answer | Answered on August 29, 2015

Generally you have the right to advance notice, and to a meaningful opportunity to respond, to any substantive allegations that could have adverse...

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I filed slapp motion after being sued. they moved for judicial ref on whole case afterwards. can they do that? what goes first?

Herb's answer | Answered on August 28, 2015

Assuming that the reference is proper at all - and I am not sure it is - the only matter that the reference can resolve is the anti-SLAPP. That...

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In a civil lawsuit, does the plaintiffs attorney have any ethical and professional responsibility to contact .....

Herb's answer | Answered on August 28, 2015

Your attorney cannot "fire" you without your consent or a court order, so it is not clear what is going on. If you fired your attorney, that needs...

Herb Fox's Answers (4824)

I sued in small claims court for the return of a security deposit ($2k). I won the case and won the appeal but he won't pay.

I had a civil trial in pro per. Received the reporters transcripts, however, it does not reflect what I said an did. wtf?

What can be done if the movant on an MSJ lies And omits critical documents?

Can you ask a judge to report opposing parties to the bar?

When going through a appeal and the court has just sent out oral arguement waivers ,what is the next step?

If my husband and I get a divorce, and I move back out of state, who takes our son?

How to bring a retaliatory eviction litigation on landlord?

Are There Any Argumentation Rules/Etiquette in a Hearing?

I filed slapp motion after being sued. they moved for judicial ref on whole case afterwards. can they do that? what goes first?

In a civil lawsuit, does the plaintiffs attorney have any ethical and professional responsibility to contact .....