Archived
Parties agreed to paid binding arbitration for all custody matters. After 2 years I fell into arrears.
Herb's answer
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Answered on December 26, 2013
Agreements between parents that purport to deprive a family law court of jurisdiction over child custody are, generally speaking, not enforceable. ...
Archived
Need ethical malpractice attorney for family law matter 1 year is Jan 8 2014.ANY attorneys available LA area who do family law?
Herb's answer
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Answered on December 25, 2013
There are dozens of attorneys in Los Angeles who handle family law malpractice cases, and so I do not understand how you cannot find one to, at a...
Archived
What attorney has the courage to tell me why a Judge deserves absolute respect when they are obviously biased at times?
Herb's answer
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Answered on December 25, 2013
The best remedy for an erroneous decision by a trial court judge (in addition to respectfully disagreeing and trying to persuade another result) is...
Archived
Small Claims Court does not allow attorneys. But does the Appeal to that court allow attorneys?
Herb's answer
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Answered on December 24, 2013
And to follow up Mr. Scardigli's response and answer one of your questions: that the prevailing party may be entitled to $150 in attorneys fees...
Archived
If one defendant in a unlimited civil is being appealed do the other defendants case continue?
Herb's answer
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Answered on December 23, 2013
Mr. Miller raises an important point. I assume that the demurrer you are appealing from was issued without leave to amend and so the court issued...
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Archived
Can I represent myself in an appeal to a summary judgment ruling and why is my atty saying I was denied due process?
Herb's answer
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Answered on December 23, 2013
If your question is whether you have the right to represent yourself in an appeal, the answer is yes. Whether that is a good idea is another...
Archived
Trial Audio Recording on CD vs. Paper Transcript for deaf defendant?
Herb's answer
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Answered on December 21, 2013
Good question and your concern makes sense. The part missing is this: your audio recording cannot be used in an appeal by anyone - deaf or not....
Archived
I had a restraining order on me to not have any contact with my 13 year old daughter. She is 19 now.
Herb's answer
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Answered on December 20, 2013
You should consult with an attorney and with your Probation Officer.
Archived
What is the best approach to filing a motion to reconsider if case has been dismissed with prejudice?
Herb's answer
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Answered on December 20, 2013
You should consider a motion for relief from an order against you taken because of excusable neglect, etc. under code of civil procedure section...
Archived
How common is it for the CA Ct of Appeal to change an initial unpublished to published on an opinion of significant import?
Herb's answer
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Answered on December 19, 2013
You can file a request for publication. Appellate courts will often grant the request, but not always. Check the rules of court for the deadlines...
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