Archived
Once defendant received a guilty verdict, does he have the option to challenge the conviction or sentence to reduce prison time?
Herb's answer
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Answered on November 02, 2014
One thing is for sure: pleading guilty will drastically reduce (if not eliminate) your partner's options to challenge the conviction or the...
Archived
I had an Attorney file my son's appeal.
Herb's answer
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Answered on November 02, 2014
I am sorry to hear about your son's situation.
As my colleague suggests, your son may have a legal malpractice claim for damages. In order...
Archived
I prevailed on a motion and this ruling is immediately appealable under the law. When I came to file my notice of ruling
Herb's answer
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Answered on November 01, 2014
You have a couple of threshold issues here.
First, even if the motion results in an appealable order, often it is not the minute order that...
Archived
If I am denied a medical procedure and have appealed it to the state do I have 2 wait for the state to decide?
Herb's answer
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Answered on October 31, 2014
I assume that you are appealing a medical/medicare decision. I have moved your question to health care or medicare so that attorneys with...
Archived
In the divorce case, if the verbal judgement have been ordered, but not entered yet. I am planning to appeal on the issue. There
Herb's answer
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Answered on October 31, 2014
The "verbal judgment" is not yet a final judgment, and if property is to change title, that change will need to await a final judgment and...
Archived
Can a lien on a private residence be obtained from small claims court for an unfulfilled contract with a corp contractor?
Herb's answer
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Answered on October 31, 2014
To clarify a bit, the court does not give you a judgment for a lien. First you must get a money judgment; then you can record an abstract of...
Is there a way to lift the discovery stay if the opposing side appeals the court's decision of denying their anti-slap motion?
Herb's answer
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Answered on October 30, 2014
Yes, if a notice of appeal is filed, the entire case is stayed (assuming that the anti-SLAPP motion governed the entire case and not just a portion...
Archived
Can a debtor stop or delay the collection process if he appeals the judgement to pay back the loan?
Herb's answer
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Answered on October 29, 2014
The amount of wrong advice from my colleagues is disheartening.
An appeal does not stay the right to enforce a money judgment in California unless...
Archived
My father wants to divorce my mother on accounts of infidelity and claims he wants to claim custody over the house.
Herb's answer
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Answered on October 26, 2014
It is not clear what your question is.
That your mother has a boyfriend is not relevant; in California there is no need to prove "infidelity" to...
Archived
I am an Appellant in pro per fighting a wrongful foreclosure. While the appeal is still pending, Respondent quitclaimed its
Herb's answer
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Answered on October 24, 2014
I doubt that any attorney would venture to advise you in such a complex matter on this on line forum. If your property is worth fighting for, it...
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