Archived
Former lawyer demands a RELEASE from client for distribution of disputed portion of settlement fund . Ethic Rules not violated?
Herb's answer
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Answered on October 01, 2013
IF there is a dispute between you and your attorney over the amount of fees and costs that he/she is entitled to retain, the attorney is allowed to...
Archived
Time frame to file an opposition to respondents objection
Herb's answer
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Answered on September 30, 2013
I agree that a letter brief may be appropriate when there is new law governing the issues being considered on appeal. But in that situation, the...
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Archived
How do I avoid hiring an attorney from a law mill?
Herb's answer
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Answered on September 30, 2013
While I generally agree with my colleagues' responses and agree that you should continue to search for an attorney with whom you are comfortable...
Archived
Can I appeal a Judgement to Dismiss my case?
Herb's answer
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Answered on September 30, 2013
Yes, the order dismissing your case can be appealed. Whether you have meritorious grounds that can result in a successful appeal is a wholly...
Archived
Limited / Unlimited Civil Case Category
Herb's answer
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Answered on September 29, 2013
You generally have a right to appeal, and that right is liberally granted. It is not at all clear why your case was reclassified, but your right...
Archived
Do you have to object to a Notice under CCP 1987 (c) if the proof of service is incorrect? can i appear w/o documents?
Herb's answer
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Answered on September 28, 2013
If you actually received the notice notwithstanding the incorrect suite number, I would recommend that you considered yourself served. The error...
Archived
LANDLORD INTIMIDATED ME INTO SIGNING STIPULATED JUDGMENT
Herb's answer
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Answered on September 28, 2013
You would need to file a motion to vacate or set aside the stipulated judgment. But do not get your hopes up - they are extremely difficult to...
Archived
How do I fight a judgment that I was unaware of and never served? They are going to garnish my pay...?????
Herb's answer
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Answered on September 27, 2013
In order to garnish your wages here in California, the judgment creditor first must register the judgment here in California. That can give you an...
Archived
Can I ask for the court to appeal my case if i can prove my daughters father and attorney lied in court?
Herb's answer
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Answered on September 27, 2013
I am sorry to hear of this difficult situation. A few words of advice:
First, if this is only a "temporary" order and not a final custodial...
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Can a proposed amended complaint be filed with an appeal brief in the Ninth Circuit?
Herb's answer
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Answered on September 27, 2013
I would not attempt to file the amended complaint itself (it will likely be rejected). But you should - and probably must - demonstrate in your...
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