Archived
If the judge denies a motion for leave to amend, is that reviewable by writ petition?
Herb's answer
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Answered on November 30, 2013
You are correct. Because it is not an immediately appealable order, your only current remedy is a petition for writ of mandate. The ruling is,...
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Archived
Family court mediator gave us parenting plan can I appeal it
Herb's answer
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Answered on November 29, 2013
Your question suggests that you misunderstand the process. The mediator's plan is only a recommendation, and you are entitled to an evidentiary...
Archived
From an adverse civil judgement in the superior/state court, is the time to appeal 60 business days from the notice of entry?
Herb's answer
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Answered on November 28, 2013
The actual deadline is subject to some exceptions, but you do not want to mess with them. For your purpose, the only exception to rely on is if...
Archived
Car Insurance law suit, process server.
Please please answer the simple question, please yes or no:
Herb's answer
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Answered on November 27, 2013
If you do not respond to the lawsuit - regardless of whether you were properly served - here is what will happen: the plaintiff will obtain a...
Does a writ of mandate in appeals court review the sufficiency of my motion, or the ruling of the judge?
Herb's answer
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Answered on November 26, 2013
Your questions go to the heart of appellate law: what is the standard of review? The powers of the appellate court vary depending on whether the...
Archived
Will an appeal of judicial misconduct or denied due process stay proceedings in the lower court?
Herb's answer
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Answered on November 26, 2013
Ms. Finch is correct that more information is needed. I handle many probate appeals, and the scope and existence of an appellate stay is not...
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Archived
I was sued in San Diego about selling raw property and i won by a judge, the person is now appealing the case. what do i do
Herb's answer
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Answered on November 25, 2013
You can take heart in the fact that most (80%) of appeals in civil cases fail. But you still need to respond, as you do not want to take any...
Archived
The 9th district Court of appeals Granted Motion appeal is Moot
Herb's answer
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Answered on November 23, 2013
You probably need to file a Petition for Rehearing and/or a motion to reinstate the appeal. As my colleague suggests, you should discuss this with...
Archived
How do I appeal a restraining order that was judged on a breach of a stipulation order?
Herb's answer
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Answered on November 23, 2013
You have the right to appeal the order to First District Court of Appeal in San Francisco. You start the process by filing a Notice of Appeal in...
Archived
A collection company for my former lawyer got a judgement against me for non-payment, but It wasn't fair, can I appeal?
Herb's answer
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Answered on November 21, 2013
You do have the right to appeal. But it is not clear from your post where this trial was held - small claims, limited jurisdiction or unlimited? ...
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