My ex has published+ broadcast a damaging lie about me sexually assaulting him. I am considering suing for defamation. win?
Herb's answer
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Answered on March 18, 2025
Anything a party says in the course of a legal proceeding is privileged, meaning that it cannot be the basis for a dafamation claim. I recommend...
Can an appeal put a stay on an eviction judgment and enforcement?
Herb's answer
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Answered on March 15, 2025
There is no automatic stay of an eviction upon the filing of a notice of appeal. Instead, you must ask the trial court for a stay, and the...
If I file to declare someone a vexatious litigant at appeals court during their appeal, would that final apply to trial court?
Herb's answer
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Answered on March 13, 2025
The Court of Appeal has the authority to declare an appellant/petitioner a vexatious litigant so long as that party meets the definition. Next,...
How to refile a case after the decision for MSJ has been affirmed ? While during the Appeal new evidence appeared , and fraud.
Herb's answer
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Answered on March 09, 2025
Neither the state court of appeal (appeals from unlimited jurisdiction cases) nor the appellate division of the superior court (appeals from...
What is the final day to file notice of appeal if notice of entry is served on a Sunday?
Herb's answer
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Answered on February 26, 2025
Notwithstanding Mr. Kassman's point that you may have an extra day I do not recommend fooling aroung with a Notice of Appeal deadline. It is...
Is what my lawyer doing legal?
Herb's answer
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Answered on February 20, 2025
I, too, find it difficult to believe that your attorney is charging for their own taxes. That sounds neither ethical nor legal. For one thing,...
What kind of a attorney do I look for to go after a attorney that is doing a terrible job for me
Herb's answer
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Answered on February 19, 2025
I suggest finding a new attorney to handle the quiet title action first; a malpractice law suit will take years and will not solve the property...
How do I get a new court date so I can show video evidence of child abuse and DV, in family court?
Herb's answer
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Answered on February 19, 2025
The real question is: What are you trying to achieve? If its a change in custody or vistition, you would file an RFO to modify the existing order,...
Civil Suite filing?
Herb's answer
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Answered on February 18, 2025
In addition to attorney Koselyn's response, I would add more bad news: such an action filed in a court in California could (like the case in India)...
Can a judge continue to make new orders on a trial once an appeal has been filed on that trial decision?
Herb's answer
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Answered on February 14, 2025
Under most circumtances a notice of appeal does not stay a trial court's jurisdiction to consider and award costs and fees after a final judgment...
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