Archived
In requesting a stay of enforcement pending appeal for an unlawful detainer case how much will the posting of the bond be?
Herb's answer
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Answered on February 25, 2012
First, on order to obtain a stay you will have to show extreme hardship if you lose possession. Assuming that you meet that burden, the trial...
Archived
Can the preemptory challenge allowed by courts be used when the appellate court reverses the decision of the superior court?
Herb's answer
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Answered on February 24, 2012
You should be able to do so as a matter of law. See Civ. Pro. section 170.6(a)(2)
What is the difference between the court of appeals and the appellate department of the superior court?
Herb's answer
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Answered on February 24, 2012
Further, it is possible to move an appellate division case to the Court of Appeal, but the decision to do so is in the discretion of the Court of...
Archived
Do I have to wait for the judges order to file a notice of appeal. Our hearing was today; 2-24-12.
Herb's answer
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Answered on February 24, 2012
All of my colleagues answers provide sound advice. If you are serious about prosecuting an appeal, you might consider consulting with an appellate...
Can a defendant attorney contact a plaintiff friends or family to contact plaintiff? Is this within the attorney authority
Herb's answer
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Answered on February 23, 2012
Assuming that you are representing yourself in pro per (as it appears) the defendant's attorney can contact you directly. That would only be...
Archived
Incompetent Attorney/Counter Suit
Herb's answer
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Answered on February 21, 2012
First and most important, you should find a new attorney immediately. Regardless of who is at fault, the fact that you don't have confidence in...
Archived
Can I re-appeal when the case is finally over, on the same cause that was dismissed?
Herb's answer
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Answered on February 19, 2012
Based on the information that you provided, all that the Court of Appeal has done is, in effect, tell you to come back when you have a final,...
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Archived
Can I appeal Summary Judgment and compel arbitration?
Herb's answer
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Answered on February 14, 2012
No one can answer your question without a careful review of the full record. I am a certified appellate law specialist with 25 years of experience...
Archived
So confused about deadline for notice of appeal
Herb's answer
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Answered on February 11, 2012
The order granting the demurrer is not the appealable order unless it is the judgment of dismissal. You should consult with an experienced...
Archived
Is it possible to motion to remove a Judge from your case a few days before trial in superior court?
Herb's answer
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Answered on February 09, 2012
It is true that it is too late for you do attempt an automatic disqualification per Code of Civil Procedure 170.6.
But in theory at least, you...
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