Archived
Appeals: What is the appropriate Where, When, What of setting up grounds for an appeal in trial court? There are several...
Herb's answer
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Answered on June 27, 2014
Legal issues are also "set up" for appeal by requests for particular jury instruction language; motions in limine; objections to particular...
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Writ of Mandate; Opposition v. Return
Herb's answer
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Answered on June 27, 2014
I do not know any particulars about your case, of course, but it sounds like the Court of Appeal has asked the RPI to file a preliminary...
Archived
Filing a writ to have more time to vacate a property
Herb's answer
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Answered on June 26, 2014
I Understand what you are trying to do, but it is not clear that you understand the process. In order to stay a judgment for possession after an...
Archived
Appeal
Herb's answer
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Answered on June 24, 2014
An order to pay attorneys fees, or an order denying a request for attorneys fee, are both appealable orders. An order requiring a party to pay the...
Can attorney bill me without retainer or any oral agreement to pay ?
Herb's answer
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Answered on June 23, 2014
While I generally agree with my colleagues that the attorney may have performed services for which he or she has a right to be paid, it is improper...
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Archived
Is there a statue of limitations for collecting judgment if I win a defamation lawsuit case
Herb's answer
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Answered on June 23, 2014
A judgment is good for 10 years, and can be renewed for another 10 years (20 years total). You can attempt to collect at any time as long as there...
Archived
We need a pro-bono appeals attorney. The California Appellate Project told us they can NOT help for free.
Herb's answer
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Answered on June 22, 2014
If you would like to find legal help, this is the wrong "side" of AVVO to use. You are better advised to use the "Find a Lawyer" function, look...
How can an attorney (or client) recover IOLTA interest that was erroneously donated to the State Bar of California?
Herb's answer
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Answered on June 20, 2014
You may have a claim against your attorney for damages (the interest you were entitled to collect). I would consult with a legal malpractice...
Archived
I have Power of Attorney for inmate presently incarcerated who has asked I file his Notice of Appeal - time almost out.
Herb's answer
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Answered on June 20, 2014
You cannot sign for him. Normally the defendant's trial attorney files the notice of appeal. I suggest that you contact that attorney immediately...
Archived
Court Hearing Transcripts modified unilaterally by one party in California
Herb's answer
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Answered on June 17, 2014
It is not clear from your post whether the court reporter actually changed the transcript. If not, your concern is immaterial;, and there is...
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