Archived
Question for an appeals attorney: Can I appeal an order denying continuance to motion for summary judgment from final judgment?
Herb's answer
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Answered on December 04, 2014
The order granting the summary is not appealable. You must appeal instead from the judgment entered on the summary judgment motion , which is...
Archived
Family court appeals question. 2014 California Rules of Court
Rule 8.104. Time to appeal
Herb's answer
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Answered on December 03, 2014
As my colleagues correctly state, you would have 60 calendar days. the time starts to rune upon service of a copy of the appealable judgment or...
Can I file to Office of Chief Trial Counsel/Intake, the State Bar of California to complaint about opposite party's attorney?
Herb's answer
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Answered on December 02, 2014
Although you provide no specifics, my general advice is to focus on the merits of your case. The defendant's attorney has a duty to zealously...
What does a summarily denied mean??
Herb's answer
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Answered on December 01, 2014
But a summary denial of a writ petition does not necessarily mean that you cannot raise the same issue in an appeal from the final judgment, unless...
Archived
Filing petition with higher court after summarily denied...
Herb's answer
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Answered on December 01, 2014
I agree with Mr. Lewis, but to clarify the procedure at the Supreme Court: you prepare and file only the Petition for Review. the Court of Appeal...
Archived
Possible consequences if lost protected class arbitration?
Herb's answer
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Answered on November 22, 2014
These are all good questions, but they should be posed to an employment attorney who hands wrongful termination and similar cases. Among the...
Archived
As somewhat anticipated, LOST Writ of Mandamus on a CCP 473 issue But Like to Re-Hear
Herb's answer
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Answered on November 21, 2014
A summary denial of a writ petition is an immediately final order. which means there is no right to a petition for rehearing. Even if there was,...
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Archived
What form and rules are used to appeal a ruling by the appellate division of superior court to appeals/supreme court?
Herb's answer
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Answered on November 20, 2014
You do not have a "right" to take up your appellate division case to the court of appeal (or the supreme court). You must instead seek a transfer,...
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Archived
Can I file an appeal for my custody case?
Herb's answer
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Answered on November 19, 2014
Whether this case is ripe for an appeal cannot be answered on the limited information you provide. As my colleagues suggest, you should consult...
Archived
Timeline for Appeal Process
Herb's answer
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Answered on November 19, 2014
If you are in the state Court of Appeals, the process can take 18 to 36 months between the filing of the notice of appeal and the finality of the...
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