Archived
Is there suppose to some kind of ethics involved during an initial attorney and prospect client consultation?
Herb's answer
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Answered on April 13, 2015
I fear that you are looking at this from the wrong perspective.
As an ethical matter, attorneys must (or at least should) obtain the names of...
Archived
Should I hire an attorney for an upcoming oral argument at the 9th circuit? Or file a motion to waive the oral argument?
Herb's answer
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Answered on April 12, 2015
As there is no "right" to oral argument in the 9th Circuit, I assume that the Court has already send you an "invitation" to argue. Assuming that...
Archived
Can my girlfriend sue for negligence if she suffers psychological issues from constant bullying in high school?
Herb's answer
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Answered on April 11, 2015
She may have claims against the school for failing to protect her (assuming that someone in a position of authority knew or learned about the...
Archived
Is there any supporting legal authority that a writ for a discovery order should be filed within 60 days from order entry?
Herb's answer
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Answered on April 09, 2015
The "60 day" rule is tied to the normal time period for filing a notice of appeal; california courts have held that writ petitions should normally...
Archived
How can I file an appeal to restraining order in California if I live in another state
Herb's answer
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Answered on April 09, 2015
If you did not appear at the hearing to defend yourself, you have little to nothing to appeal from, because you did not offer legal or factual...
Can you appeal two orders from different dates in same notice of appeal, or two separate appeals for each order appealed?
Herb's answer
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Answered on April 08, 2015
First things first: many orders cannot be appealed. Others can only be "appealed" by way of a petition for writ of mandate, which is a very...
Archived
How can I file an appeal on a child custody court order in STANISLAUS COUNTY?
Herb's answer
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Answered on April 06, 2015
As my colleagues already stated, an appeal is a complex procedure. Other than the initial Notice of Appeal and other preliminary paperwork that...
Can I appeal a false restraining order WITHOUT a lawyer?
Herb's answer
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Answered on April 06, 2015
An appeal will not provide you the relief you want. An appeal is not a new trial (so it does not matter that you had evidence supporting your...
Archived
How long do I have to appeal from a divorce? What forms are required?
Herb's answer
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Answered on April 02, 2015
I have read your question and the attorneys' responses three times and I am still confused. I do not know what you are trying to "appeal" from. ...
My California Appeal was dismissed because my upload of the Civil Case Information statement somehow wasn't accepted.
Herb's answer
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Answered on April 02, 2015
It is not that the case information statement (CIS) is a jurisdictional document, but that by rule of court the court of appeal loses jurisdiction...
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