Archived
Can a plaintiff appeal a small claim judgement, if the case was heard by a temporary judge (an attorney).
Herb's answer
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Answered on March 18, 2014
In order for the attorney to act as a judge, you would have had to sign a stipulation consenting to having the attorney hear your cases . If you...
Is there a client response form to MC-053 in CA courts?
Herb's answer
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Answered on March 17, 2014
There is no form or 'general form; you need to draft and file an opposition to the motion.
most such motions are granted by the way, unless there...
How can Jennifer Trayers get an appeallate lawyer pro bono ?
Herb's answer
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Answered on March 17, 2014
Assuming that she was represented on appeal by an attorney appointed by the California Appellate Project ("CAP") that attorney and CAP will decide...
Archived
"Request For Interrogatories" and Notice To Produce Documents" in a divorce case
Herb's answer
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Answered on March 14, 2014
If your spouse has an attorney and you do not, you face an extreme disadvantage, as you are already seeing. If your wife can afford an attorney...
Archived
Where would we find a lawyer to file a claim against City of Rialto due to Rejection Letter of Claim
Herb's answer
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Answered on March 14, 2014
Most any competent general litigation or real estate litigation attorney can handle a claim like this But you need to act very quickly; once your...
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Archived
Trial court approved appellant's statement on appeal without any corrections in a limited civil appeal.
Herb's answer
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Answered on March 14, 2014
I understand your frustration. But as the Appellant you had the burden to prepare an adequate record. The trial court merely has the opportunity...
Archived
How to appeal to remove a webpage in California court
Herb's answer
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Answered on March 14, 2014
Generally speaking a court cannot order a website to remove a posting because most internet postings are protects by the Constitution. You may...
Archived
My husband's attorney keeps fabricating his interests and my lawyer keeps wanting to counter back offers. I'm running the show.
Herb's answer
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Answered on March 13, 2014
Without meaning to be glib, of course you are unhappy. You are in the midst of a divorce, and unless you and your husband are able to work things...
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Archived
What does it mean if court has assumed jurisdiction of the law practice of the party’s attorney
Herb's answer
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Answered on March 13, 2014
I would only that there are other circumstances, such as physical or mental incapacity, that could trigger an assumption of the law practice as...
Archived
The due date for filing my opening brief was for 02/11/14, due to poor health I was not able to comply. what's next?
Herb's answer
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Answered on March 12, 2014
I have been handling civil appeals and writs for 28 years and I am confused by your question. If this is an appellate Petition for Writ of...
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