Missed Trial de Novo
I was sued in Ca small claims and was able to appeal the judgment against me. The court issued Trial de
Herb's answer
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Answered on June 02, 2014
You have the right to file a motion to vacate the judgment on the basis of your negligent failure to appear. See Code of Civil Procedure 116.710...
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Is it illegal for my soon to be ex-spouse refi his separate property when I am on the quitclaim deed?
Herb's answer
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Answered on June 01, 2014
I agree with my colleagues. The real question is not whether it was "legal" for him to refi, but whether you have a community property interest in...
Archived
Can I file a motion to dismiss before trial using Plaintiff's discovery as basis for not proving elements of complaint?
Herb's answer
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Answered on June 01, 2014
As Ms. Sinclair suggests, you would need to file a Motion for Summary Judgment, which is a powerful but complicated motion that has strict...
Archived
The trial court did not choose to look at a video, though it was presented to the court. I would like it included on appeal.
Herb's answer
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Answered on May 31, 2014
Generally speaking, an appellate court will not consider evidence that the trial court did not consider There is a procedure for asking the court...
Archived
Can a attorney appeal any judge's decision in a custody dispute within a certain time frame? If a attorney feels dangers present
Herb's answer
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Answered on May 30, 2014
I concur with my colleagues, but I do not understand what you mean by the phrase "within a certain time frame". All appellate procedures are...
Archived
I do not agree with the judges orders in my custody case regarding the visitation with the mother. Can I appeal the orders??
Herb's answer
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Answered on May 28, 2014
A family court order allowing a parent to take a child outside the state is automatically stayed (suspected) for 30 days following entry of the...
Archived
The court signed final judgment after granting of summary judgment and I am getting ready to file my appeal, but there is a prob
Herb's answer
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Answered on May 28, 2014
I agree with Mr. Lewis, but be very careful to appeal from the final judgment itself, not not merely from the order granting summary judgment...
Archived
What is a circuit court in California?
Herb's answer
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Answered on May 27, 2014
The only current use of the term "circuit courts" in California is to the 9th Circuit Court of Appeals, which hears federal district court...
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Archived
Foreclosure. What is the deadlines to file notices, briefs and or procedure steps for Unlawful detainer Appeals?
Herb's answer
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Answered on May 27, 2014
You have an appellate attorney, which is a good thing. You should direct your questions to that attorney; it is unethical for another attorney to...
Archived
Can they dismiss my appeal after an year?
Herb's answer
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Answered on May 26, 2014
The deadline for filing a Notice of Appeal is jurisdictional, which means that the appellate court has no power to consider an appeal that was...
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