Archived
Can I file an appeal or something like that for a restraining order?I was assaulted and I lost in court
Herb's answer
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Answered on January 07, 2015
You have the right to appeal the decision, but the chance of winning - at least on the restraining order portion of the order - is very low. Even...
Archived
How do I appeal a denial of a writ petition to the California Supreme Court?
Herb's answer
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Answered on January 06, 2015
It would be a petition for review. But your question is confusing. What do you mean by "summarily denied by decision"? If the order was...
Archived
Is there such a thing as asking for relief under CCP 473(b) on appeal?
Herb's answer
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Answered on January 06, 2015
Mr. Daymude's answer is correct. The court of appeal will not consider a 473 motion under these circumstances; you would have needed to file that...
Archived
I am a defendant in an unlawful foreclosure. The jury found in favor of plaintiff on 11/17/14. I filed a notice for intention to
Herb's answer
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Answered on January 06, 2015
The filing of a motion for new trial extends the deadline for a notice of appeal to a limited degree. The length of time depends in part on whether...
The trial court denied my motion to amend my complaint and the appeal court denied the writ also.Can I still bring it on appeal?
Herb's answer
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Answered on January 06, 2015
As long as the denial of the writ was a summary denial (i.e., there was no opinion issued, but only an order of denial), the error is preserved for...
Archived
If an appeal is reversed do the costs requested by respondents automatically become moot?
Herb's answer
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Answered on January 06, 2015
If the judgment is reversed in its entirety, the opposing party is no longer a prevailing party and the cost portion of the judgment is...
Archived
On appeal, do I have to mail the other side and attorney general a copy of my appendix for the opening brief?
Herb's answer
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Answered on January 03, 2015
Yes, you must serve the opposing party with a copy of your appendix. As for the AG, assuming that the AG is not a true party but is on the service...
Archived
This is a re-asked question regarding the points to be raised on an appeal.
Herb's answer
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Answered on January 03, 2015
A court of appeal may affirm the trial court's decision on any ground; it is the result, and not the trial court's reasoning, that is reviewed. ...
Archived
Is there a page limitation for filing an opposition to motion to dismiss appeal at the appellate level?
Herb's answer
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Answered on January 02, 2015
There are no "page limitations" in appellate practice. There are instead word limitations, such as 14,000 words maximum for an appellate brief in...
Selected as the best answer
Archived
Do orders issued in excess of jurisdiction have same legal status as coram non judice orders?
Herb's answer
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Answered on December 31, 2014
Assuming that these allegations are true, what you are describing, taken literally, is a fraud on the court that could lead to vacating the...
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