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My Appealed case was Reversed In Part. What Motion do I need to file at the Sup. Court to get my case started again?
Herb's answer
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Answered on June 14, 2015
I would add to Mr. Morguess' otherwise fine answer:
a) What will likely happen is that the matter will be set for a status conference (also...
Archived
How to appeal judge's ruling in a motion?
Herb's answer
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Answered on June 11, 2015
I generally agree with Ms. Peters. I believe however that this is probably an appealable order (i.e., you do not need a writ petition but you have...
60 days to appeal a civil judgement; do you count the date of entry or begin the next day? Served by mail, do you add 5 days?
Herb's answer
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Answered on June 11, 2015
The time begins to run on the date of the proof of service/affidavit of mailing of the judgment. It does not matter when you received it. Nor is...
Archived
Probate allows statutory fee rates per code so why is it so hard to hire an attorney willing to petition Court for compensation?
Herb's answer
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Answered on June 07, 2015
You may be confusing an attorney's statutory right to an award of fees for providing services to the personal representative in administering an...
Can a paralegal authorize ex parte communications per Cal. Bar Rule 2-100 or must my attorney do so?
Herb's answer
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Answered on June 06, 2015
I agree with Mr. Roach that your problems go much much further than questioning who authorized "ex parte communications." That being said, I have...
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Breach of fiduciary duty amongst other things.
Herb's answer
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Answered on June 06, 2015
I am not sure that I understand the question. It is extremely difficult for an attorney to mislead a client about the amount of a settlement. For...
Archived
If you're the plaintiff, are you allowed to appeal a Small Claims Appeal Trial ("Trial de Novo")?
Herb's answer
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Answered on June 06, 2015
I agree with Mr. Chen. The 30 day notice of appeal filing deadline for a small claims appeal appears to be jurisdictional. Code of Civil...
Archived
If third party is friendly with one named party, anything wrong with getting a written declaration in lieu of deposition?
Herb's answer
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Answered on June 05, 2015
Generally speaking, a party does not take the deposition of a friendly 3rd party witness, although there are exceptions. Rest assured, though,...
Archived
Can I appeal or request a new judge for a family law case?
Herb's answer
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Answered on June 04, 2015
Your post suggests several potential appellate issues. I recommend that you immediately consult with an appellate attorney who handles family law...
I need my retainer back! I paid and got nothing is this ethical? I want ALL my money back! Call State Bar? Criminal Defense.
Herb's answer
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Answered on June 02, 2015
I appreciate that the new attorney believes that the previous attorney did not "do enough." But that is a broad statement, and it an easy opinion...
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