Archived
Plaintiff files a case in a California state court that is within the jurisdiction of California Third District Court of Appeal
Herb's answer
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Answered on April 03, 2012
The issue of precedential value cannot be answered in a vacuum. It depends in large part on whether the issue is of state or federal law, and...
Archived
Why are most attorneys unethical?
Herb's answer
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Answered on April 02, 2012
Most lawyers are not unethical. They simply advocate the side they represent, and that often looks "unethical" to the party who disagrees.
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Archived
Can I file a belated answer to plaintiff's complaint while clerk's entry of default against me is pending?
Herb's answer
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Answered on March 31, 2012
I would add to Mr. Chen's good answer that you should act immediately to forestall the entry of the default. The clerk's action is ministerial...
Archived
I lost a civil trial by judge. Can I appeal it on technicalities?
Herb's answer
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Answered on March 31, 2012
Was this case heard in small claims court or in a Superior Court? I ask because the rules of procedure and evidence are relaxed in small claims...
Archived
A law suit is filed in California. During the different pretrial motions, references to case law are cited.
Herb's answer
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Answered on March 31, 2012
One important correction to my colleagues' postings: although California's state Courts of Appeal are divided up by districts and divisions, a...
Archived
Anyone know of a good P.I in San Diego, CA they use or would recommend??
Herb's answer
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Answered on March 31, 2012
By "P.I." do you mean a personal injury attorney or a private investigator?
In any case, that is not the kind of help that your family member may...
Archived
Transfer my Divorce to a new location
Herb's answer
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Answered on March 31, 2012
It is extremely difficult to disqualify a judge once the judge has begun to rule on matters before him or her. Nothing that you state here would...
Archived
I was sued by a relative in the phil. and did not know about it . I found out that it was a criminal case .
Herb's answer
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Answered on March 28, 2012
I happen to know a California attorney (in Los Angeles) who also practices law in the Philipines. If you email me directly I will provide to you...
Can a voluntarily inactive lawyer still call himself a lawyer and represent to his neighbors and HOA that he is a lawyer?
Herb's answer
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Answered on March 26, 2012
If he accurately describes himself as a "retired lawyer" or something similar, there is no problem. But he crosses the line if he is acting as the...
Archived
Should I file a complaint with the DLSE to save money in attorneys fees? Can I dispute my exempt status via a wage claim?
Herb's answer
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Answered on March 26, 2012
I count seven good questions here - and they answer your primary question about hiring an good employment attorney who can assess your case - are...
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