Archived
Is there any difference in effectiveness, in Court of appeal, between "Motion to vacate dismissal" and "Petition for rehearing?
Dabney's answer
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Answered on April 02, 2014
Those are two completely different pleadings, used for entirely different purposes. This is not something you can do on your own. Please do...
Archived
What are my options if the judge made a mistake of law? Is his Order sustaining defendant (a)'s demurrer still appeal able?
Dabney's answer
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Answered on April 01, 2014
Your description of what occurred is at odds with what the judge is saying, so there is no way to advise you from this. You absolutely need a...
Archived
If I failed to ask for leave to amend my complaint at summary judgment hearing, can I still ask for it at a motion for
Dabney's answer
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Answered on March 31, 2014
I doubt you will be successful in a motion for reconsideration. Should you nonetheless proceed, remember you will have to show a reason (not your...
Archived
How can I extend the date to file my opening brief in a WRIT PETITION? ( petition for a writ of administrative mandamus)
Dabney's answer
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Answered on March 31, 2014
I generally avoid "me too" answers, but this is an exception, to emphasize my colleague's advice. Without knowing far more detail than can be gone...
Archived
Can someone help me find the proper appealability code for State of California second appellate district?
Dabney's answer
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Answered on March 31, 2014
There is no such thing as a code specific to a particular appellate district. Based on the nature of your question, it is clear your best bet would...
How do I respond to a petition to Vacate an Arbitration Award in Santa Monica, CA superior court?
Dabney's answer
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Answered on March 31, 2014
The best way to file this would be to hire an attorney in the Los Angeles area. There are many fabulous and experienced attorneys right here on...
Archived
Can I file a appeal ?
Dabney's answer
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Answered on March 30, 2014
I agree with my colleague it would be a long shot to overcome this ruling on appeal. I recommend you just stick to what you've been doing all...
How important is oral argument at a summary judgment hearing?
Dabney's answer
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Answered on March 30, 2014
The rules on appeal are that if you did not make an argument--on paper or orally--in the trial court, the court of appeal will not consider it--it...
Archived
Hello, I am trying to find a really good appeals lawyer. I was convicted and have finished 3yrs parole for a 288(c) conviction.
Dabney's answer
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Answered on March 27, 2014
Inasmuch as you have finished parole, it is too late for you to file a habeus corpus petition. I recommend you contact an appellate attorney here...
Can I file a writ of mandate in superior court to get relief of an entry of judgment by a judge?
Dabney's answer
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Answered on March 27, 2014
Writs are filed in the court of appeal, not superior court. The appropriate avenue for relief from judgment would be an appeal. Much will depend on...
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