If a court requires an undertaking for a lis pendens, how much do they cost? Is the cost a percentage of the total undertaking?
Herb's answer
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Answered on July 05, 2015
The amount is in the discretion of the judge. As to the cost, you are confusing an undertaking with a criminal bail bond. An undertaking can be...
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My two brothers have responded to an appeal from our other brother and are stating that I will be liable for a third of fees.
Herb's answer
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Answered on July 04, 2015
You may be right about potential liability for fees based on the common fund theory (the Reade case), There may also be exposure to attorney fees...
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Our really good friend needs a good anti-SLAPP attorney.
Herb's answer
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Answered on July 02, 2015
While your post is well intentioned, attorneys are forbidden from "reaching out" to a person who needs legal help. The burden is on your family...
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Can I request to modify visitation orders, while at the same time an appeal motion progressing in parallel?
Herb's answer
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Answered on July 02, 2015
To directly answer your question: custody is one of those exceptions to the rule that the trial court loses jurisdiction over a matter that is...
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Judge ordrd pro.sup. & DRG hair follice, (in transcript)& other things by 3mos.or no chng. NxtJudge ignored. 5judges6FCS Appeal?
Herb's answer
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Answered on June 30, 2015
I agree with Mr. Spirtos. You do not describe anything that can be remedied by an appeal. You instead need a family law attorney to go to court...
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What objections should I raise at a DV TRO hearing to preserve my rights in a future appeal or evidentiary hearing?
Herb's answer
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Answered on June 28, 2015
That you are thinking ahead is excellent. But objections don't exist in the abstract. Every single case is different - different facts,...
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Can you file for an appeal in Probate Court? Guardianship case in San Diego
Herb's answer
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Answered on June 27, 2015
A guardianship order can be appealed, but the deadline for filing a notice of appeal is short (as short as 60 days from entry of the order). ...
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Appellate Court denied transfer from Superior Court can I file for review to Supreme Court
Herb's answer
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Answered on June 25, 2015
Assuming that you are referring to the denial of a petition to transfer an appellate division appeal to the Court of Appeal, you do not have the...
Is a Vexatious Litigant motion an appeal-able order if granted?
Herb's answer
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Answered on June 23, 2015
As to whether a vexatious litigant order is appealable, the answer is yes (based on very recent caselaw authority). But that may not solve your...
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Can one appeal an order without records?
Herb's answer
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Answered on June 23, 2015
Here is your first hurdle: a discovery order is not separately appealable. You only have a right to appeal the discovery order as part of an appeal...
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