Archived
Can a fee arbitration award where the attorney is the winning party in Superior Court in Los Angeles be appealed?
Herb's answer
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Answered on May 19, 2014
If the arbitration was binding, there are strict limits on the kinds of issues that you can raise in an appeal. If it was non-binding, the trial...
Archived
I need assistance with a writing a opening brief for a civil case.
Herb's answer
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Answered on May 19, 2014
I recommend that you use the AVVO Find a Lawyer page, and that you talk to two or three of us before making a decision. Your decision should be...
Archived
I filed an appeal and now will file the opening brief. What happens if respondent does not file a respondent brief?
Herb's answer
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Answered on May 19, 2014
The court of appeal will review the merits of your opening brief regardless of whether the respondent files a brief. There is no "default...
Archived
I have won my case and 60 days have past from recording, does that mean no appeal will be made by the other side?
Herb's answer
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Answered on May 18, 2014
Mr. Kramer is correct about the timelines. It is unclear what you mean by 60 days "past from recording". Perhaps you mean that 60 days has past...
Archived
Should I go to oral argument for appeal?
Herb's answer
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Answered on May 15, 2014
An appellant should never waive oral argument, even if the opposing party did not respond. Generaly, the opposing party has waived its right to...
Archived
What court do you start a writ of mandamus before the 9th circuit
Herb's answer
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Answered on May 15, 2014
I agree with Ms.McCall - if this is a criminal defense matter, a writ of mandamus does not sound like available relief. I recommend that you...
Archived
What ca be done if you disagree with a decision or denial issued by the Appellate Division of the Los Angeles Superior Court??
Herb's answer
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Answered on May 13, 2014
You can file a request with the appellate division the certify the case for state court appellate review. The review is discretionary with the...
Archived
What is the time-line for filing in the District Courts, after your case has been dismissed on appeal in State Court??
Herb's answer
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Answered on May 13, 2014
There is no constitutional right to appeal. The right is wholly statutory. Further, the federal courts only have jurisdiction over federal...
Archived
Can I appeal a child custody case after my attorney did'nt present all the facts in the case such as domestic violence etc.
Herb's answer
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Answered on May 12, 2014
I agree with my colleagues that when competent attorneys do not present "all of the facts", the reason is usually that the evidence is not...
Archived
5th District Appeal Family Law Judgment 2030 Attorney fees
Herb's answer
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Answered on May 12, 2014
There is no automatic stay of this type of an attorney fee award. The judgment remains enforceable until and unless opposing party files a notice...
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