Archived
I am being sued in small claims for loss of profits due to a yelp review. SLAPP case. On appeal can I use anti-slapp.
Herb's answer
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Answered on April 22, 2013
If I understand your question - in higher jurisdiction cases you must first bring the anti-SLAPP motion to strike at the trial court level. In...
Archived
Where can we collect damages from an error Judgment?
Herb's answer
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Answered on April 21, 2013
Your question is too vague to answer precisely. But if you are asking whether you can sue the county or state because a judge made a decision that...
Archived
Can a single cause of action be assigned when it's on appeal?
Herb's answer
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Answered on April 20, 2013
I do not believe that any cause of action can be assigned after a complaint is litigated such that the assignee now becomes the party of record who...
Archived
Which is the best way to go about reopening a case
Herb's answer
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Answered on April 20, 2013
Its not clear whether your boyfriend is the defendant or the victim of the crime. In any event, the question should be brought to the defense...
Archived
Punitive Damages in Small Claims Case as a result of two frivolous appeals
Herb's answer
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Answered on April 20, 2013
No and No for many reasons.
First, you are misapplying the concept of punitive damages. I suspect that you really mean sanctions.
Next, there...
Archived
File Child Support Modification Appeal?
Herb's answer
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Answered on April 19, 2013
The filing of a notice of appeal is the simple start of a not-so simple process. You will need to then file a Designation of Record, obtain...
Archived
Once a will has gone to probate and the assets are placed in trust, can that decision be appealed or reheard by another judge.
Herb's answer
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Answered on April 19, 2013
An appellate court will not consider evidence of matters that occurred after the entry of the judgment or order that is being appealed. As my...
Archived
How do I appeal from a judgment in the Unlimited Department of the Superior Court?
Herb's answer
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Answered on April 18, 2013
The most important thing you need to know is that there is a jurisdictional deadline for filing a notice of appeal (normally 60 days from the date...
Archived
What is the procedure (if any) to redact my name from CA appeals court decision that is more than two years old?
Herb's answer
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Answered on April 18, 2013
With some limited exceptions (=e.g., minors, victims of sexual crimes), all court proceedings are public record.. Further the status of published...
Archived
My former attorney refuses to sign substitution of attorney form. What can I do?
Herb's answer
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Answered on April 15, 2013
I recommend sending a letter (not email) to the attorney bringing his attention to the matter and demanding that he immediately sign the...
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