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I'm trying to appeal the case my parents filed against me for guardianship of my children. How do I do this?
Herb's answer
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Answered on April 15, 2014
It is not clear from the information that you provided that you are at the point yet where you can or should "appeal" in the technical sense of...
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I am preparing my opening brief on appeal. The law states;In reviewing the order sustaining the demurrer, we accept the factual
Herb's answer
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Answered on April 14, 2014
Whether you defaulted is not a "fact"; it is a conclusion of law. I recommend that you retain counsel for assistance.
Did attorney have the right to refuse to let me see my case file? Who "owns" the documents--the attorney or the client?
Herb's answer
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Answered on April 14, 2014
The attorney's files belong to you, and pursuant to California State Bar rules, no attorney can withhold the files from a client - present or...
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We sued an unlicensed contractor in small claims court and won. He appealed the decision. How much can we win?
Herb's answer
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Answered on April 12, 2014
You have won whatever is stated in the judgment on the trial de novo. The judge awarded you the additional $1,000 as sanctions for a frivolous...
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I was convicted of a misdemeanor and my attorney says IF I appeal and lose, I could have time ADDED to my original sentence?
Herb's answer
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Answered on April 12, 2014
I do not believe that is correct (or even possible). You cannot be punished for appealing. Ironically the opposite is true: if you win the...
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If I already filed a notice of appeal and served it, can I still file motion to vacate judgment?
Herb's answer
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Answered on April 11, 2014
If you were on the losing end of motion for summary judgment you cannot file a a motion to vacate because "something came up". Your question...
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LEGAL MALPRACTICE: What's worse, discovering your partner abandoned an innocent client in jail for two weeks OR encouraging him
Herb's answer
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Answered on April 10, 2014
Your story is disturbing, but I am not sure what your question is. You may have grounds for a malpractice suit, and you should consult with a...
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I submitted a complaint against an attorney to the CA BAR and they said it has been turned over to enforcement.
Herb's answer
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Answered on April 10, 2014
It means that the bar is taking your complaint seriously enough to open a case. The next step is usually for the Bar to inform that attorney about...
I'm being sued and I want to counter sue but I live in a different state now, the issue took place in the state I use to live in
Herb's answer
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Answered on April 10, 2014
I agree with Mr. Spirtos but would add that settlement is almost always better than litigating. Litigation and trial will be very expensive, and...
Archived
If a non-prevailing party filed objections to a Statement of Decision, how iare the orders treated on appeal?
Herb's answer
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Answered on April 10, 2014
As to your first question regarding objections to the statement of decision: if the objections were timely filed they are probably preserved for...
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