Archived
Will interlocutory appeal against a defendant put all the other scheduled hearings by other defendants on hold pending appeal?
Herb's answer
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Answered on August 07, 2015
Generally an appeal will not automatically stay the case against other appellants, but there may be exceptions depending on the relationship...
Archived
Appeals and Appellate Courts
Herb's answer
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Answered on August 07, 2015
The opposing party has the right to enforce the attorney fee order while the appeal is pending unless you post a bond or other form of security...
Can you file an appeal when a motion to dismiss was denied in a civil litigation cases before trial?
Herb's answer
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Answered on August 07, 2015
Neither the failure to serve a complaint within 60 days (Rule 3.110) not CCP 128.5 provide grounds to quash service of a summons and complaint. ...
Selected as the best answer
Perjury on court documents during a divorce and other ethical questions?
Herb's answer
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Answered on August 05, 2015
You will get nowhere by attacking your ex's attorney. Her job is to represent your ex and except for rare and extreme situations the attorney will...
Archived
My ex served me for a post judgment custody hearing but o mediation date. What do I do?
Herb's answer
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Answered on August 02, 2015
I am moving your question to family law, where it belongs to attract family law attorneys
Can I sue someone for defamation and libel after they filed two false TRO's using false allegations?
Herb's answer
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Answered on August 02, 2015
You cannot sue for libel and defamation for technical reasons. In theory you can sue for something called "malicious prosecution". These lawsuits...
Archived
In an appeal from the granting of a Motion for Summary Judgment - are the motion's allegations...
Herb's answer
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Answered on August 02, 2015
An appeal from an order granting a motion for summary judgment is reviewed de novo; that means that the Court of Appeal stands in the shoes of the...
Archived
What are the points and authorities that are needed to submit my response to a motion to quash service that was given to me.
Herb's answer
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Answered on August 01, 2015
If your husband has an attorney and that kind of money, and you do not, the family law judge will award you attorneys fees to even the playing...
Archived
Opposition to Summary Judgment
Herb's answer
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Answered on July 31, 2015
You can, however, respond to the reply orally at the hearing. That is what the hearing is for.
Archived
Failed to respond to a motion summary judgement within 20 days. Is there anything that can be done to appeal or respond?
Herb's answer
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Answered on July 31, 2015
I too am not sure what happened. If a summary judgment was entered because you failed to file opposition your best bet is to file a motion to...
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