Archived
If a request for reconsideration is denied can an appeal still be filed, or request for a new trial denied an appeal option?
Herb's answer
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Answered on January 22, 2013
It sounds like you are asking about a child custody order. It also sounds like you are representing yourself without an attorney, which is a bid...
Can a default judgment in California be appealed?
Herb's answer
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Answered on January 22, 2013
You cannot appeal a default directly, because there is no record in the trial court from which you can make arguments at the court of appeal. As...
Archived
Request for Arbitration of attorney fees filed in Aug. 2008. with bar association. No response from attorney. Debt agency filed.
Herb's answer
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Answered on January 20, 2013
Your situation raises several possible issues.
First, based on the dates you have provided, it appears that the attorney's claims might be barred...
Archived
Who pays the appeal bond to stay execution of judgment if I don't have the money to do so?
Herb's answer
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Answered on January 20, 2013
You might consider consulting with an appellate law specialist about both the merits of the appeal and the issue of the carrier's duty to post the...
Archived
Can I get an appeals bond to stop a judicial foreclosure?
Herb's answer
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Answered on January 18, 2013
It is not too late to stay the enforcement of the judgment, assuming that your bond is in the correct amount. Once you file the bond, the stay is...
Archived
During the Appeals Process (preparing the record, preparing an Brief), may I move for Equitable Relief in the Trial Court?
Herb's answer
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Answered on January 17, 2013
At the risk of restating what has been already said, and perhaps the obvious, you need to consult with an appellate attorney. Whether you can...
Archived
If my attorneys actions allow my husband to appeal a custody and RO ruling, can I sue/get back atty fees charged for that issue?
Herb's answer
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Answered on January 16, 2013
I concur with my colleagues' responses. Equally important to the issue of whether your attorney was negligent, is whether in fact your ex can win...
Archived
Petition to compel arbitration with no Date or Time
Herb's answer
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Answered on January 12, 2013
With all respect to Mr. Gold, who practices in New York, his advice does not apply in California. I recommend that you immediately consult a...
Archived
Can respondant appeal temporary child custody orders?
Herb's answer
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Answered on January 10, 2013
A temporary custody order cannot be appealed (although there is another method for attempting to obtain appellate review that is not pertinent at...
Archived
My California real estate license was revoked due to doing modifications in 2009, how do I appeal this
Herb's answer
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Answered on January 10, 2013
I agree with Mr. Eschen. Further, if the superior court denies your petition for writ of mandamus, you would have the right to appeal that...
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