Archived
Appeal remittitur filed, judgement reversed and remanded filed, how long til lower court sets for hearing?
Herb's answer
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Answered on July 21, 2015
There is no one answer; it depends on what courthouse you are in; how backlogged the docket is; and how much attention the judges and clerks are...
Archived
What is the purpose and time period for certiorari? Before or after appeals are exhausted?
Herb's answer
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Answered on July 20, 2015
Are you referring to a petition for writ of certiorari to the U.S. Supreme Court, or to a California reviewing court (e.g., court of appeal?). Same...
Archived
What kind of lawyer would i need to litigate corruption against me
Herb's answer
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Answered on July 19, 2015
I recommend that you consult with an employment attorney who handles employee-side cases. There may be statutory violations here that offer you...
Appeal Attorney Fees: Does the losing party on appeal typically pay prevailing side's attorney fees?
Herb's answer
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Answered on July 17, 2015
It is rare for a Court of Appeal to order either side to pay attorneys fees, and even more rare for it to determine the amount.
What typically...
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Archived
Can a restraining order be appealed?
Herb's answer
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Answered on July 16, 2015
"Weak" evidence does not win an appeal, because the appellate court does not reweigh the evidence. As long as there is, virtually, any evidence in...
Archived
Small claims appeals beyond the Superior Court
Herb's answer
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Answered on July 14, 2015
As the plaintiff in a small claims case, you do not have a right to appeal.
Further, "new evidence" means newly discovered evidence, not...
Archived
DA dismissed my charges as soon as he got the case without a trial. Can I appeal?
Herb's answer
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Answered on July 11, 2015
As my colleagues point out, you have no right to "appeal" the DA's decision, However, you may have a civil case against the co-worker and perhaps...
Archived
Should I appeal Judge suspending temp spouse support citing "emotional distress" on ex-wife who filed false DV charges on me?
Herb's answer
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Answered on July 10, 2015
Even if your appeal had merit - which I doubt - it is not an effective remedy, as an appeal will take 18 to 24 months.
Archived
Can a child sup. mod. Order supersede an Appeal Decision, even though the Mod. Order was entered before the Decision was filed?
Herb's answer
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Answered on July 08, 2015
I beg to differ with my learned colleague from Arizona and with opposing counsel.
The better analysis is that the RFO modification was...
Archived
I am appealing a judgment and when I was looking at the court records I noticed an entry of "Writ of Execution Received" dated
Herb's answer
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Answered on July 06, 2015
Just a few comments and then some friendly guidance.
Unless this is a small claims case, a judgment or order to pay money can be enforced...
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