Archived
My ex filed a CCP 473 challenge to a monetary judgment in Los Angeles. The case is now in San Diego. Can he file a new CCP 473?
Dabney's answer
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Answered on April 25, 2014
I would ask for sanctions because he's now in contempt of a court order. You will only be reimbursed for attorneys fees (as a sanction) if you hire...
How can I object to defendant's memorandum of costs after I have filed notice of appeal?
Dabney's answer
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Answered on April 21, 2014
The court can review motions for matters that having nothing to do with the appeal--such as costs. Yes, you not only can file a motion to tax, you...
What can I do if superior court entered wrong judgment date for the appeal?
Dabney's answer
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Answered on April 19, 2014
You can dismiss the appeal and wait for judgment to be entered and refile, but you will probably have to pay another filing fee. You can try...
Archived
Can other side serve me with memorandum of costs (after MSJ was granted) before judgment is entered?
Dabney's answer
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Answered on April 17, 2014
Yes, they are supposed to file the memorandum of costs as well as serve it. And no, you would not file a motion to stay pending appeal. Under...
Archived
Is it ok to file a notice of appeal before judgment is entered in order to save time?
Dabney's answer
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Answered on April 17, 2014
I recommend you wait until judgment is entered, since it is discretionary with the court of appeal whether they will consider your premature notice...
Archived
I just filed a notice of appeal today and I didn't identify which defendants since it's the same case.
Dabney's answer
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Answered on April 16, 2014
The first issue is do you want to file an appeal against just some of the defendants, all of them, or what? This is a very basic question, which...
Archived
Can I APPEAL the ATTY FEES Request Denial with PRejudice?
Dabney's answer
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Answered on April 16, 2014
Good for you for realizing right up front your best bet is to hire an appellate attorney. There are many appellate attorneys in your area who are...
Archived
I am preparing my opening brief on appeal. The law states;In reviewing the order sustaining the demurrer, we accept the factual
Dabney's answer
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Answered on April 14, 2014
This question cannot be answered without more information. It depends on what the explanation in the complaint that you did not default is, for...
Archived
After a Motion is granted, what triggers the start of 10 day period within which a Motion for Reconsideration can be filed?
Dabney's answer
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Answered on April 13, 2014
If the minute order does not state that the prevailing party is to prepare the order, then the date of entry starts the ten days running. But I...
Archived
Okay....so the lower court lost the bulk of my answer to a UD (Affirmative Defenses #2, #3 and #4) and sent a "Certification of
Dabney's answer
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Answered on April 11, 2014
No wonder you're frustrated! There is no formal procedure for dealing with this type of situation. But I recommend you file a motion in the...
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