Questions answered by Dabney Finch

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I won my edd overpayment appeal and the CAUIAB cancelled $12,893.00 which were garnished from my wages since 2012.

Dabney's answer | Answered on July 09, 2015

Your question is not posted in the correct area--this is not an issue where an appellate attorney could help you. I will repost it to an area in...

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Is petitioning for reinstatement after appeal default (failing to file open brief) a hopeless prospect for a pro se appellant?

Dabney's answer | Answered on July 07, 2015

It is disheartening, I'm sure. But the rules are there for a reason--otherwise the courts would be overrun with having to make difficult decisions...

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Can I motion the California Court of appeal to deny Respondent's request for Oral Arguments, after Respondent had declined?

Dabney's answer | Answered on July 06, 2015

The way the Court of Appeal sees this, is about fairness to both parties. So, the most fair thing is for both sides to argue, or both sides not to...

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An appeal question for appellate attorneys:

Dabney's answer | Answered on June 30, 2015

1) Yes, but service is usually electronic these days. 2) No. 3.) No. Someone other than a party must serve the other side before it is filed. If...

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I have been asked by the appellate court for a brief concerning my appeal regarding an automated right light traffic ticket.

Dabney's answer | Answered on June 28, 2015

Request a waiver of fees based on income. The procedure will be on the court's website. I agree with my colleague that the record is absolutely...

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I am appealing to the 6th district (CA) from a court judgment for attorney fees and costs. Are costs stayed?

Dabney's answer | Answered on June 25, 2015

I agree with my colleagues. The cheapest and quickest solution would be for you to talk to the winning party's attorney and ask that the abstract...

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Can one appeal an order without records?

Dabney's answer | Answered on June 23, 2015

I agree with my colleague about writs. In response to your question about the record, you should order the Reporter's Transcript and have that...

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Can a lawyer help me appeal my EDD claim appeal?

Dabney's answer | Answered on June 22, 2015

Yes, you would want to talk to a labor law attorney, since your question applies to a very specialized area of law even for the appellate area.

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I have filed my appeal and posted bond, I am in the process of notifying the other party, does the labor board need to be as wel

Dabney's answer | Answered on June 18, 2015

Just the proof of service under penalty of perjury needs to be filed, with the notice of appeal. Not sure from your question about the labor...

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How do I appeal a ruling

Dabney's answer | Answered on June 15, 2015

I don't think so: "Retroactive Application of Cunningham. Cunningham applies on collateral review of a judgment that became final before Cunningham...

Dabney Finch's Answers (362)

I won my edd overpayment appeal and the CAUIAB cancelled $12,893.00 which were garnished from my wages since 2012.

Is petitioning for reinstatement after appeal default (failing to file open brief) a hopeless prospect for a pro se appellant?

Can I motion the California Court of appeal to deny Respondent's request for Oral Arguments, after Respondent had declined?

An appeal question for appellate attorneys:

I have been asked by the appellate court for a brief concerning my appeal regarding an automated right light traffic ticket.

I am appealing to the 6th district (CA) from a court judgment for attorney fees and costs. Are costs stayed?

Can one appeal an order without records?

Can a lawyer help me appeal my EDD claim appeal?

I have filed my appeal and posted bond, I am in the process of notifying the other party, does the labor board need to be as wel

How do I appeal a ruling