Archived
How do I respond to a counter-issue defendant raised in his Opposition to my Motion for Summary Adjudication?
Herb's answer
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Answered on November 08, 2014
Question 1; yes. A defendant is not bound to the issues that plaintiff claims to be material. I assume that the defendant claims that this "other...
Archived
My lawyers did a lousy job I even have proof of it
Herb's answer
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Answered on November 08, 2014
My colleagues had done a great job responding to your posts. One more point I would like to add: the $65,000 that went to hospital bills was a...
Archived
What does a petition for writ of mandate consist of?
Herb's answer
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Answered on November 08, 2014
It seems that you you are seeking a petition for writ of mandate and , in the interim, an immediate stay. These are extremely difficult to get,...
Archived
I NEED TO STOP THE SALE OF MY MOMS HOME OF 40 YEARS QUICKLY. WHAT IS THE BEST WAY TO DO THIS. ITS UNDER APPEAL FROM UD , HOW
Herb's answer
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Answered on November 08, 2014
There is no way to answer this question without knowing many, many more details as to how all this came about and the exact procedural status of...
Archived
How do I stop the sale of my mothers home? dishonest trustee is attempting sale
Herb's answer
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Answered on November 08, 2014
There is no way to answer this question without knowing many, many more details as to how all this came about and the exact procedural status of...
Archived
Can I conduct discovery for punitive damages before the prove-up hearing after the entry of default?
Herb's answer
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Answered on November 07, 2014
Before you can seek punitive damages in a default situation, you must first comply with Code of Civil Procedure 425.115, which advises the...
Archived
Motion to Vacate Judgment Denied in CA Superior Court. This is an appealable order.
Herb's answer
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Answered on November 07, 2014
Assuming that you are in an unlimited jurisdiction court, the answer depends on whether you filed the motion to vacate within the time to appeal...
Archived
How mny days do I have to filoe an appeal if I am granted a motion to set aside?
Herb's answer
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Answered on November 07, 2014
Assuming this is a limited jurisdiction case, you have 30 days from the date that a copy of the order or notice of entry is the order is served...
Standard of Review - De Novo or Abuse of discretion? Which one or can I assert two standards?
Herb's answer
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Answered on November 06, 2014
I commend for trying to master the subject of standards of review and for your thoughtful question and analysis.
You concluded one of your...
Archived
Should I file an appeal or a motion to reconsider?
Herb's answer
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Answered on November 04, 2014
The kind of problem that you describe may be best handled by a motion to vacate the order of dismissal (Code of Civil Procedure 473). I am just...
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