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How do you enforce an appeal order?Do you need to have an ex parte hearing to have judge enforce the appeal order, as need ASAP?
Herb's answer
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Answered on June 17, 2014
If you prevail on the writ or the appeal the court of appeal will issue orders to the family law court. I appreciate your urgency, but you should...
What's the difference between asking to amend a judgment under section 473 and asking to amend nunc pro tunc?
Herb's answer
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Answered on June 17, 2014
It is not clear what you are trying to accomplish.
CCP 473 is normally not used to "amend" a judgment; it is used to amend a pleading (which...
Archived
Does a final judgment entered after summary judgment has been granted for all causes of action, need to contain that the action
Herb's answer
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Answered on June 16, 2014
A judgment after an order granting a summary judgment does not result in a dismissal of the action; it is instead an adjudication on the merits. ...
Archived
Which form should i use to appeal a permanent restraining order obtained falsely for financial elderly abuse?
Herb's answer
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Answered on June 15, 2014
I assume that the R/O was issued by an unlimited jurisdiction judge. There is a simple form for the Notice of Appeal that you can obtain from the...
Archived
Don't you have to have some kind of proof before you can just accuse someone in a civil lawsuit and make false allegations ?
Herb's answer
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Answered on June 14, 2014
If the plaintiff truly has no proof, you can win the lawsuit by way of a motion for summary judgment. But ultimately, it is the judge and perhaps...
Archived
If I want to sue my son's school district, do I need to file a complaint with them before filing a lawsuit in state court
Herb's answer
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Answered on June 14, 2014
You most likely need to exhaust administrative remedies, and those remedies are defined by factors such as the nature of your claim and the type of...
Archived
Can I appeal a ruling a judge made in custody evidentiary hearing if I believe(know) that she was biased and no legal basis?
Herb's answer
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Answered on June 13, 2014
If this is a final or post-judgment custody order you have a right to appeal; if it is a temporary custody order you have different rights.
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Archived
I won a small claims case, I then received a letter from a attorney involving herself. Legal in CA ?
Herb's answer
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Answered on June 13, 2014
What is the point? The judgment was paid; the defendant is entitled to a satisfaction of judgment form - as a matter of law - so that he or she...
Archived
Can Defendant appeal after Abstract of Judgement / writ of execution was issued?
Herb's answer
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Answered on June 13, 2014
No. The time to appeal runs from entry of the judgment; your efforts to enforce are irrelevant to that deadline.
Archived
I want to appeal the judgment that I prevailed on. ie; punitive damages, interest and costs
Herb's answer
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Answered on June 12, 2014
As an appellate attorney with 27 years of experience, if I was in your position I would take the money and run.
Without knowing anything...
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