Archived
I am looking for legal malpractice attorney to file against my two divorce attorney. Trial judge indicated errors & omissions!
Herb's answer
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Answered on March 10, 2020
You may or may not have a case. But posting on AVVO is not the way to find an attorney. The attorneys who respond to AVVO posts are prohibited...
Archived
After an appeal/Trial de Nova, can the defendant still get out of paying through any kind of legal recourse?
Herb's answer
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Answered on March 10, 2020
The good news is that the judgment is final and they have no recourse (except shutting down the business and/or declaring bankruptcy.) The bad...
Archived
Must I post a bond for a writ of supersedeas staying enforcement of a $200,000 attorney fee award in federal court?
Herb's answer
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Answered on March 09, 2020
You may want to look at Fed. Rule of Civ. Proc. 62(d) and the case of American Civil Liberties Union of Nevada v. Masto, 670 F.3d 1046, 1066 (9th...
Archived
Can defendant request for an oral argument after close of trial but before its judgment?
Herb's answer
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Answered on March 08, 2020
you can asks, but nothing requires the judge to allow it. It all depends on whether the judge feels that he or she needs to hear more or has...
Archived
Name mix-up in summon from the court. What should I do next?
Herb's answer
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Answered on March 08, 2020
Probably the best action is to report this to your insurance company. Even though your wife was not the driver, the carrier will probably defend...
Can a Landlord file a Motion for Summary Judgement when the defendant hasn't been served with the complaint in a UD case?
Herb's answer
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Answered on March 08, 2020
Best thing to do tomorrow: hire a tenant's side attorney to negotiate with landlord and appear in court.
What do I do as the attorney, if judge sent notice of Order to show cause Re: sanctions for failure to appear?
Herb's answer
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Answered on March 08, 2020
Oy. While my colleagues responses are kind, please do not ever, ever post your ethical issues on a public website. You are inviting Cal Bar...
Archived
Does the Notice of appeal prevent from filing request for attorney fee?
Herb's answer
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Answered on March 08, 2020
I assume that you are the plaintiff who now must appeal from the anti-SLAPP order. The award of fees, if any, is not automatically stayed by your...
How is a peremptory challenge processed?
Herb's answer
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Answered on March 07, 2020
If you case was remanded by the Court of Appeal for a new trial that requires factual findings, you have an absolute right to a peremptory...
Archived
An Attorney filed an appeal on a TRO denial, and then filed a peremptory challenge, and the case ends up in front of a Commissio
Herb's answer
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Answered on March 07, 2020
No one can answer your questions without independently review the entire record. Hopefully your attorney made the proper objections, and there was...
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