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Defendant'sMotion to Dismiss/Demurrer- if denied in full, can plaintiff recover atty and other fees? thank you.
Herb's answer
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Answered on October 26, 2013
First, nether side will be entitled to an attorneys fee award unless there is a contract between you with an "attorneys fees clause", or you are...
Archived
Help! I've been defamed and looks like the defendant, at least in part, intends to use a "public figure" defense.
Herb's answer
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Answered on October 26, 2013
To answer your ultimate question first, yes you could be considered a public figure if the "false claims" relate to your role as an officer of a...
Archived
I received a remitter to pay respondents court costs. I lost my appeal. I am on disability. Am I exempt from these fees?
Herb's answer
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Answered on October 26, 2013
In addition to Mr. Fitch's answer: the remitittur itself is not an order that you pay any particular amount of appeal costs. The opposing party...
Archived
When is it ok to call the Bar?
Herb's answer
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Answered on October 25, 2013
What you are describing is a dispute over the fees charged in relationship to the value of the services received. It is not a criminal matter, but...
Is there a statute of limitation on a contract with no consideration?
Herb's answer
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Answered on October 24, 2013
You are mixing up two different legal concepts. The lack of consideration is a defense to a claim for breach of contract. If a party wants to...
Archived
How likely is it for a case to be appealed?
Herb's answer
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Answered on October 22, 2013
You may be confusing the right to have an appeal heard, with the likelihood that the appeal will succeed. Nearly all court orders and judgements...
Archived
My first Lawyer was hired on contingency. She quit before collections. Do I really owe her 40% still or just reasonable fees?
Herb's answer
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Answered on October 21, 2013
Here are some thoughts on your situation:
First, worst case scenario for you (as you describe the situation) is 27%. But right now, you...
Archived
My ex husband owes $300,000 since divorce in 2008. We have a judgment. His home is for sale.
Can a lien be placed on house
Herb's answer
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Answered on October 20, 2013
Not only do you need the help of an attorney, but under these circumstances and the amounts due, you might be able to retain an attorney to accept...
Archived
CA Can motion to request vacate or stay orders in Superior court while appeal pending be brought as ex parte hearing?If not how?
Herb's answer
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Answered on October 20, 2013
Your post is much too general to be answered without extensive further information.
Here are some reasons why:
First, most but not all...
Archived
Can someone give me information about filing an attorney malpractice lawsuit?
Herb's answer
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Answered on October 19, 2013
If in fact you lost custody and child support was increased because your attorney failed to oppose the RFO or appear at trial, you should...
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