Archived
Is punitive damages awards granted in small claims courts in California? I've seen conflicting statements. Thankyou
Herb's answer
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Answered on November 17, 2012
I agree that you have an opportunity here to file a motion to strike the complaint pursuant to the anti-SLAPP statute. The problem is that you...
Archived
CREDIT CARD JUDGEMENT APPEAL
Herb's answer
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Answered on November 16, 2012
Depending on whether the case was heard in limited jurisdiction or unlimited jurisdiction court, you have 30 or 60 days from the date that the...
What is the statute of limitations on filing a lawsuit against a homeowners association?
Herb's answer
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Answered on November 16, 2012
There is no one statute of limitations for suits against HOAs. The limitations period depends on the legal theory that you are advancing. If...
What to do when plaintiff commits perjury and subornation of perjury and uses his credibility in society to persuade the judge?
Herb's answer
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Answered on November 12, 2012
Although you are justifiably angry that the judge believed the plaintiff's testimony, that decision is in the nature of the judge's job. In other...
Archived
Will I forfiet my chance at my appeal if I comply with a court order?
Herb's answer
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Answered on November 11, 2012
Because the order that you sell your house is not automatically stayed by the appeal, you will not lose your right to appeal if you comply by...
Archived
Motion for leave of the court to file a late anti-slapp motion under CCP section 425.16(f)
Herb's answer
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Answered on November 07, 2012
I assume that you are representing yourself in this matter (in pro per). If the plaintiff's claim is truly subject to an anti-slapp motion, and if...
Archived
My divorce was final april of 2012. Is it possible to appeal that settlement and re-negotiate a new settlement?
Herb's answer
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Answered on November 06, 2012
You cannot appeal from a settlement or stipulated judgment. If there was an omitted asset, you must first file a motion to adjudicate that missed...
Archived
Can u get a refund on a non refundable retainer if your lawyer is refusing to submit information that proves your case
Herb's answer
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Answered on November 04, 2012
That you are disappointed and angry about the outcome is clear and understandable; you have a right to be in these kinds of cases.
But as my...
Archived
Should I appeal ? How do I prove drawings aren't mine and never agreed to a modify with no change of cost or date of when agreed
Herb's answer
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Answered on November 04, 2012
First, your question was incorrectly posted as a child support issue. I have tried to change that, but you should make sure that it is posted to...
Archived
Can my brother appeal a decision by the judge concerning the dispute for disbursement of trust funds, & delay till we're broke?
Herb's answer
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Answered on November 03, 2012
I am sorry to hear about this situation. It is all too common, however, for family members to act selfishly when there is a significant amount of...
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