Archived
What is the difference between appealing being evicted via default and filing motion to set aside the default?
Herb's answer
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Answered on September 21, 2014
If a judgment was entered by default, there is essentially no possibility of an effective appeal. You cannot raise on appeal issues, facts or law...
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I had a civi trial in riverside court where I lost . The trial was a bench trial. Would a post trial motion help?
Herb's answer
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Answered on September 21, 2014
The post trial motions are heard by the same judge who presided over your case. They are often a waste of time, but can be important to raise or...
Archived
If I want to withdraw from my attorney, am I obligated to sign a consent order for attorney fees and costs?
Herb's answer
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Answered on September 19, 2014
You have the absolute right to termination the employment of your attorney for any reason, or for no reason, and the attorney cannot impose any...
Archived
I lost a case and want to appeal I do not know what service of entry of judgment is and I do not know the deadline.
Herb's answer
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Answered on September 18, 2014
I agree with my colleagues. I write to add that if your case is complex enough to justify a statement of decision, it is complex enough to retain...
Archived
Need an attorney to draw up an appeal brief.
Herb's answer
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Answered on September 17, 2014
Like Mr. Daymude, I do not understand what you are appealing from if you suffered a judgment by way of default. Do you mean that you attempted to...
Can I file an appeal on Unlawful Detainer Action in Motion for Summary Judgment? How many days I have before the lock out?
Herb's answer
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Answered on September 17, 2014
Your question is unclear. Who is filing the motion for summary judgment? Or, has it already been determined and a judgment entered?
If you are...
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Archived
Can an appellate court review be stayed by Cal. Supreme Ct. case?
Herb's answer
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Answered on September 16, 2014
Mr. Provis is, as usual, spot on. There is no particular rule of court for this situation except for the rules allowing motions to be filed in...
Archived
Appeal regarding demurrer:
Herb's answer
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Answered on September 16, 2014
If I understand the circumstances, the court sustained demurrers to several causes of action without leave to amend. The remaining causes of...
Archived
I won $171,000 in a binding arbitration. What do I do now?
Herb's answer
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Answered on September 15, 2014
Mr. Chen is particularly correct here. You do not have a judgment yet. To get a judgment you must file a motion in court to "confirm the award"...
Archived
How do appeals work?
Herb's answer
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Answered on September 15, 2014
There are at least two missing steps in your question is collection. First, simply having a judgment in your favor is not the same as having the...
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