Archived
Is there a difference between "Appealing A Judgement" or "Making a motion to have a Judgment set aside?"
Herb's answer
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Answered on July 02, 2013
In very general terms, a motion to set aside (or "vacate") the judgment is filed in the court where you had trial and is heard by the judge who...
Archived
Can the granting of supersedea in the appellate division restore possession after a lockout ?
Herb's answer
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Answered on July 02, 2013
It is not clear why you believe that the preliminary injunction has not been dissolved. I assume that the court has entered judgment against you,...
Archived
Can a fired lawyer receive a settlement after his demand has been denied within the 2 year statute?
Herb's answer
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Answered on July 01, 2013
Your focus is misplaced. I would not worry right now about your former attorney's lien - you can dispute that when and if there is a settlement or...
Archived
I want to appeal against a civil judgment against both me and my corporation.
Herb's answer
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Answered on July 01, 2013
You do not need to post a bond in order to appeal a judgment in California. The only purpose of the bond is to stay (freeze) enforcement of a...
Archived
Can I go forward with my appeal if I have missed the 10 day deadline for Notice designating the record on appeal?
Herb's answer
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Answered on July 01, 2013
You can still go forward with your appeal. If your designation of the record is late, you will eventually receive a notice of default that gives...
Archived
Can I file for a Right to Attach Order in a pending dog bite lawsuit where the homeowner owns the house outright and has
Herb's answer
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Answered on June 29, 2013
Your claim may be covered by the defendant's homeowners insurance policy, which means that any judgment would be paid by the insurance carrier,...
Archived
Can we get through a divorce trial using just 1 or 2 hours of a retained lawyer's time each month, to save money?
Herb's answer
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Answered on June 29, 2013
California allows (and even encourages in situations like yours) a "limited scope representation" in family law cases. This allows the attorney...
Archived
Can I Appeal A Final Judgment if it is Final and Binding
Herb's answer
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Answered on June 29, 2013
With all due respect, if you are considering entering into a stipulated judgment that has 92 or more sections without first consulting an attorney...
Archived
When a MSJ is granted in part, can the granted triable issue be argued again at a 2nd MSJ?
Herb's answer
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Answered on June 28, 2013
I agree with my colleague. However, the trial judge does have the inherent authority to reconsider any ruling it has made prior to the entry of a...
Archived
Attorney ignoring all communication for over 7 months. Signed retainer with him 27 months ago. We had court date in December.
Herb's answer
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Answered on June 28, 2013
There is no excuse for your attorney's behavior, but I am confused by some parts of your question.
You say that the attorney was...
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