Archived
Can I file a claim/sue my condo neighbors downstairs for defamation, serve cease & desist and seek repayment for legal fees?
Herb's answer
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Answered on April 25, 2015
I agree with Mr. Smith. You should also know that a judge cannot prohibit your neighbor from engaging in speech activities (such as posting...
Archived
Do I file a dismissal if I am appealing?
Herb's answer
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Answered on April 25, 2015
I have read your question over 4 times and I do not understand what you want to appeal from or what your grounds for appeal might be. Would you be...
Archived
Can I appeal a temporary visitation order in CA based on belief that the child advocate lawyer made false statements?
Herb's answer
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Answered on April 24, 2015
I don't believe that pursuing an appeal (assuming that you have the right to an appeal, which is not clear from your question) will be of any...
Archived
Are there grounds and a strategy to appeal a probate court order (California) to pay out of trust legal fees of removed trustee?
Herb's answer
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Answered on April 24, 2015
The order is immediately appealable, but few if any appellate attorneys would offer an opinion about the "angle" for an appeal without reviewing...
Archived
Do I need to designate the record in an appeal for civil limited?
Herb's answer
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Answered on April 24, 2015
Yes you do. See Rules of Court 8.830 et seq., and in particular rule 8,831 regarding the designation of the record in limited jurisdiction...
This is a question about monetary sanctions. Can you appeal the sanctions that the court has ordered you to pay?
Herb's answer
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Answered on April 24, 2015
To clarify Mr. Leichter's response, if the order is for under $5,000, it cannot be appealed now. It can be appealed, however, after entry of a...
Archived
How do I appeal an administrative hearing ruling in the state of California?
Herb's answer
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Answered on April 24, 2015
Your remedy is probably a Petition for Writ of Administrative Mandamus pursuant to Code of Civil Procedure section 1094.5, which is filed in the...
Archived
In California, can a referral assessment determined to be "substantiated" be disputed or appealed?
Herb's answer
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Answered on April 23, 2015
I too am sorry to read about this. I am changing the Practice Area - this is really not about an "appeal" as that term is used on Avvo; this is a...
Archived
Is it ethical for opposing council to call and discuss my case with my perspective attorney before the lawyer is hired?
Herb's answer
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Answered on April 22, 2015
I generally agree with Mr. Wilton. But my question to you is: why are you disclosing to your ex the names of prospective attorneys that you have...
Archived
Should we appeal a custody and retraining order?
Herb's answer
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Answered on April 22, 2015
Assuming that your husband still has the right to appeal, no one can answer your question in the abstract. Every case is different and must be...
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