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What's the time restraint regarding appealing a DVRO (DomVioRestrOrd) in California? It was granted mid Nov. Can I still appeal?
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Answered on February 04, 2013
On the merits, your question is ambiguous. What happened at the hearing after the three week continuance? Why were you not heard then? Did you...
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Have you heard or defended any cases in which the person was arrested for committing ADULTERY while in the State of Florida?
Herb's answer
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Answered on February 03, 2013
One major reason that these laws are not prosecuted is that they are most likely unconstitutional, and no criminal conviction would stand up to...
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What are my appeal rights for dismissal of mt FAC?
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Answered on February 01, 2013
As my colleague states, you do have the right to appeal from the judgement of dismissal, as long as there is still time to do so.
Whether...
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Should I appeal or set aside a family court order on child support?
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Answered on January 31, 2013
No attorney can answer your question without knowing the basis for a "set aside" and/or for an appeal. They are not identical. Further, it is...
I wrote my brief for an appeal, and the Defendants replyed to my brief. Can I now reply to the Defendants brief?
Herb's answer
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Answered on January 30, 2013
It is not clear from your question whether you are the appellant or the respondent.
The briefing sequence is: opening brief (by the appellant);...
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Can I appeal a dismissal of my unllawful detainer action?
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Answered on January 29, 2013
You cannot appeal because the basis for the dismissal appears to have been true. You will have to serve the tenant with the appropriate notice to...
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Is it possible to appeal the decision of a Superior Court when its decision on a small claims appeal is contrary to law?
Herb's answer
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Answered on January 26, 2013
.Why is a probate matter involving a trustee being heard in small claims?
I am not sure that the small claims division has jurisdiction over...
IN CALIF, Do I appeal the sustaining of a demurrer without leave to amend a complaint to the Appeals Court or Superior Ct. Judge
Herb's answer
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Answered on January 25, 2013
As my colleagues suggest, there is an anomaly in your question. Courts do not sustain demurrers at cmc's. Further, any appeal would be from the...
Archived
In CA, for landlord-tenant small claim appeal case, will the judge look at both plantiff's claim and the defendant's claim?
Herb's answer
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Answered on January 23, 2013
First, a small claims appeal is a new trial,and so you will need to offer evidence in your defense as if the first case was not heard.
Second,...
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In Pro Se I lost a Motion to Expunge. The defendant recorded that order the next day in violation of 405.35.
Herb's answer
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Answered on January 23, 2013
As I read the statute and your question, the recording is ineffective as a matter of law, which means that you do not need to do anything unless...
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