Archived
Question for appellate attorneys: I gave my divorce attorney all my savings so I have no choice but to proceed as pro per.
Herb's answer
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Answered on May 15, 2015
The court of appeal will not reconsider the disqualification issue because your only appellate remedy, per statute, was the writ petition. In...
Archived
I need to file a motion of appeal to distribute the judgement filed against me back in December of 2014.
Herb's answer
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Answered on May 14, 2015
My colleague Mr. Spirtos is correct. No one can answer your question as posted; you need to show the paperwork to an attorney.
Archived
What is the time frame before a judgment on an ex parte motion can be enforced? Can I appeal the judgement?
Herb's answer
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Answered on May 13, 2015
From your description, this appears to be an interlocutory order and not a "judgment", and the general rule is that it cannot be "appealed" in the...
Archived
Can i get a writ in court of appeal for a small claims default judgment?
Herb's answer
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Answered on May 12, 2015
I think that you would first need to seek a stay of execution from the superior court where the default judgment was entered, and from there work...
Archived
I sued a news station for libel and false light. However after receiving an anti-slapp.
Herb's answer
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Answered on May 11, 2015
You are between a rock and a hard place. That you refer to an an "anti-slappback" suggests to me that you do not fully understand your exposure;...
Archived
Does it matter what law firm you choose during a class action?
Herb's answer
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Answered on May 10, 2015
If there is already a class action pending, and you are a member of the class, you do not need to "retain" your own attorney. The class...
I need to appeal a probate decision and find case law to prepare a brief. Need a sample brief and what to include in it, where
Herb's answer
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Answered on May 09, 2015
Here are three preliminary issues that should be addressed:
a) Is this order appealable?
b) Do you have standing to prosecute that appeal?...
Archived
Appealing a small claims judgment. Procedure question.
Herb's answer
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Answered on May 08, 2015
You do not have the right to appeal beyond this point; you have exhausted your legal remedies. However, if as you say you lost by a default, you...
Archived
I have a judgment against me. The creditor put a lien on my house. Now, he filed a Notice of Appeal. Does the lien remain?
Herb's answer
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Answered on May 08, 2015
I can only assume from these facts that the basis for the appeal is that the plaintiff/judgment creditor contends that he was entitled to...
Archived
How to appeal a decision by a judge in a criminal case?
Herb's answer
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Answered on May 08, 2015
You have received excellent responses from my colleagues, and I have little to add. Your frustration is clear and deserved. But you are crossing...
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