Archived
Is it worthwhile to add IIED to a Malicious Prosecution claim or is it redundant? Baby attorney needs wisdom from big dog attys
Herb's answer
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Answered on September 10, 2012
Here's additional advice, albeit not asked for: Have you prepared your client for the extremely likely possibility of the complaint being met with...
Archived
Can two Entertainment lawyers from the same law firm go to trial with the same case?
Herb's answer
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Answered on September 10, 2012
Two lawyers from the same firm cannot represent both sides of a case, period. There are no exceptions and there cannot be waivers of the conflict....
Archived
The Defendants lied during my civil trial. Can I bring this up in my appeal? They have committed perjury.
Herb's answer
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Answered on September 10, 2012
There is a very simple answer to your question: No.
How can I appeal a Child Visitation order that was put in place last week? My attorney sat there and said nothing to defend me
Herb's answer
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Answered on September 10, 2012
Assuming that you are referring to a temporary ("pendente lite") visitation order (and not an order contained in the final judgment), it is not...
Archived
I have been married for 16 years. Filed a restraining order and divorce. I cannot afford an attorney and need spousal support.
Herb's answer
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Answered on September 09, 2012
Have you tried to retain an attorney. or are you simply assuming that you cannot afford one?
Where one spouse cannot afford an attorney, and...
Archived
How do I prove my high functioning alchoholic husband is an alchoholic and has anger management problems?
Herb's answer
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Answered on September 09, 2012
You should immediately consult with a family law attorney.
Archived
Is there a time frame to file a civil lawsuit after winning a criminal case?
Herb's answer
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Answered on September 09, 2012
I am sorry to hear about what happened to your brother. The short answer to your question is yes, there are time frames, but the timing depends on...
Archived
Preparation for Apeal - California
Herb's answer
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Answered on September 09, 2012
You write that you intend to appeal the superior "ruling". Assuming that you mean the ruling on a motion (rather than entry of a final judgment),...
Archived
How do I serve a petition for writ of mandate where I am asking to recuse a judge?
Herb's answer
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Answered on September 09, 2012
I agree with both of my colleagues. I respectfully suggest that you are in over your head, dealing with complex issues such as "interlocutory"...
Archived
How does "Dismissed" and "Denied" differ in regards to the state appellate court?
Herb's answer
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Answered on September 09, 2012
I do not understand the problem that you describe; perhaps II need more information.
There are only one or two situations where a party needs...
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