Archived
Is a Firm held accountable for a lawyer's negligence after the Lawyer leaves the firm taking our case files?Or is solely liable?
Herb's answer
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Answered on December 30, 2011
When you retain an attorney working in a firm, you are retaining the firm as a whole - not the individual lawyer. If in fact this attorney "stole"...
Can i appeal a stipulated judgement ?
Herb's answer
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Answered on December 27, 2011
Before you attempt to appeal the judgment, you first need to attempt to set it aside in the same court where it was entered. Only then will there...
Archived
In California, what is the statute of limitations for a CIVIL lawsuit arising out of a CRIMINAL conviction for sexual assault?
Herb's answer
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Answered on December 26, 2011
As stated by the other attorneys, you do not need to sue in California in order to enforce a judgment here, and there may be a proper basis for...
Archived
What action can I take after a wrong decision was made on a case by a judge
Herb's answer
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Answered on December 25, 2011
The Domestic Violence Restraining Order statute allows the court to order the losing party to pay attorneys fees and costs to the prevailing party....
Archived
When I want to timely object to a judgment, should I file a Motion to Set Aside Judgment in trial court or Appeal the judgment?
Herb's answer
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Answered on December 23, 2011
A proper motion to vacate a judgment will extend your time for filing a notice of appeal. But all of these deadlines are tricky and there are...
Archived
Can I withhold my birthdate and home address at a deposition, if a vengeful tenant is suing me if my life is at risk?
Herb's answer
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Answered on December 23, 2011
Your last sentence suggests that you are not represented by counsel. As this is a negligence claim, have you tendered it to your insurance...
Archived
How do I challenge an order compelling arbitration?
Herb's answer
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Answered on December 22, 2011
Your appellate remedy for now is a writ petition, which are difficult to win. If the writ petition is summarily denied, you can later appeal from...
Archived
Question regarding a court appeal
Herb's answer
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Answered on December 22, 2011
If you lose the appeal, the opposing party will be entitled to court costs (filing fee, service fee) and attorneys fees. The attorney fees can...
Archived
We opted out of the Wachovia Pick A Pay Class Action Lawsuit but they sent us a check anyway and won't return my calls-
Herb's answer
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Answered on December 21, 2011
This is probably the fault of the class action administrator and not any of the attorneys. The administrator's name should be on the opt out...
Archived
In a Federal Appeal is the Apellee required to send to the Appeallant a brief in all cases when they file they're brief in court
Herb's answer
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Answered on December 19, 2011
All parties are required to serve on the opposing party all papers filed in court with very, very few exceptions. If you have an attorney, though,...
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