Archived
If an attorney gives me a "Right to Arbitrate" form on the day I sign my retainer and don't have a bill yet, is it legitimate?
Herb's answer
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Answered on June 14, 2012
The answer is no, your 30 days did not begin to run if your attorney provided you with a Notice of Right to Arbitrate at the beginning of the...
Archived
Attorney for Corporation is concealing information regarding a directors' wrongdoing and self dealing.
Herb's answer
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Answered on June 13, 2012
I agree with my colleagues about filing a police report. But you should also consult a good trial attorney. The individuals may be civilly liable...
Archived
First time i motioned for setting judgement aside it was granted however when we went back to court the judge said my motion was
Herb's answer
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Answered on June 08, 2012
There is now an enforceable judgment against you. You have the right to an appeal from the order denying your motion to set aside the judgment. ...
Archived
Agency is preparing the administrative record and submitting it to Superior Court; does Petitioner get to review it prior?
Herb's answer
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Answered on June 08, 2012
Once the transcript is completed and lodged with the court, and you receive a copy, you should carefuylly review it and, if need be,compare it to...
Archived
Can denial of an application for an order for service by publication be appealed?
Herb's answer
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Answered on June 08, 2012
An order denying your application is not technically appealable, but it may be reviewable by way of a Petition for Writ of Mandate that is filed...
Does an appeal from an Anti-SLAPP motion stay the entire case, even a dissolution with numerous, on-going causes of action??
Herb's answer
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Answered on June 07, 2012
The rule on appellate stays upon the denial of an anti SLAPP motion is that the appeal automatically stays all further trial court proceedings on...
Archived
Sanctions as a result of motion to compel
Herb's answer
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Answered on June 06, 2012
What exactly does the sanctions order say? And when dd they produce the document - before or after the order was issued?
Archived
Is it wise to appeal a judges decision? A year long Child custody case, reviewed by 2 mediators, both of which recommended 50/50
Herb's answer
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Answered on June 06, 2012
As my colleagues suggest, no attorney can advise whether you have a meritorious appeal without learning more about the case and, in most...
Archived
Attorney filed M to W after forcing client to sign SA under duress. Until Court makes decision is he still the attorney?
Herb's answer
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Answered on June 04, 2012
What you describe may be unethical. But that is not your real problem. Your problem instead is that you are trying to force your attorney to...
Archived
Can a civil case that ended with an "Agreement Regarding Dismissal w/ Prejudice of Litigation& Mutual ReleaseClaim be re-opened?
Herb's answer
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Answered on June 02, 2012
You don't state whether you signed the agreement or whether it was entered in the courtroom before a judge with you present. If neither of these...
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