Archived
Opposing counsel lost a motion for reconsideration under CCP §1008(a) & indicated he would file a writ. What are the rules?
Herb's answer
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Answered on October 06, 2012
For a very short primer on the subject of writs, see
http://www.foxappeals.com/attorney%20res%20a%20few%20words%20on%20writs.htm
Archived
Can I sue the superior court if the judge did not treat me fairly while representing myself?
Herb's answer
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Answered on October 04, 2012
I concur with Mr. Chen - you cannot sue the superior court. For what it is worth, although the experience that you describe is terrible, it is...
Can an attorney contact the opposing party's expert witness to retain him as an expert in an unrelated case?
Herb's answer
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Answered on October 03, 2012
I am not sure the Ms.Lee is applying California ethical rules,which differ from other states.
Archived
Is it better to pay a legal malpractice/professional negligence Attorney up front?
Herb's answer
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Answered on October 02, 2012
There is no such thing as a "going rate" for a lawsuit. The amount will depend on a lng list f factors including: the complexity of the case, the...
Archived
1.) I have a case in Cal Superior court that the Demurrer was sustained without leave to amend.
Herb's answer
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Answered on September 30, 2012
Fist of all, an order sustaining a demurrer without leave to amend is not an appealable order. You appeal instead from the order of dismissal that...
Archived
How can i find out if a judgment in a civil case is still in effect once an appeal has been filed or whether it is “on hold" ?
Herb's answer
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Answered on September 30, 2012
As an appellate law specialist with 25 years of experience, I would not even begin to be able to answer your question without knowing what kind of...
Archived
Civil case in Calif: after denial of Motion to strike: what are the rules of how to count the number of days depending...
Herb's answer
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Answered on September 30, 2012
For what purpose are you counting the number of days? If it is for the deadline for filing a notice of appeal or writ petition in an appellate...
Archived
Legal malpractice: Attorney goofed on a critical statute. Should I file a lawsuit, or request arbitration with the State Bar?
Herb's answer
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Answered on September 27, 2012
Your situation is provocative, as you can tell by the thoughtful responses from my colleagues.
I am a certified appellate law specialist, and I...
Archived
Can a Court issue an order if the case is on appeal?
Herb's answer
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Answered on September 27, 2012
My colleagues are generally correct. But there are some types of orders that are automatically stayed during an appeal, such as affirmative...
Selected as the best answer
After motion to set aside default judgement be denied, can you fileanother motion again or seperate law suit?
Herb's answer
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Answered on September 27, 2012
You have the right to appeal an order denying a motion to set aside a default judgment, and your situation suggests that an appeal might be...
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