If the Court of Appeals reverses a default judgment, is the case dismissed or is it remanded to the trial court?
Martin's answer
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Answered on February 24, 2021
Based on what you've written, I see no reason why the Court of Appeal would order the case dismissed. If the appellate court reverses the default...
Petition for Writ of Habeas Corpus denied, Notice of Appeal filed- do I file new Writ on Appeal or challenge the denial?
Martin's answer
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Answered on February 21, 2021
The superior court's denial of a petition for a writ of habeas corpus is not appealable. The petitioner can file another habeas corpus petition in...
Can a federal question be taken to the US Supreme Court from a state appellate court if the state supreme court denied review?
Martin's answer
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Answered on February 13, 2021
Yes. For example, in one of my cases, my client (the appellant) lost in the California Court of Appeal, and the California Supreme Court denied...
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What will happen after a appeal oral argument due to a sb1437 petition ?
Martin's answer
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Answered on February 09, 2021
In an oral argument, attorneys for both sides make oral presentations to the justices and answer the justices' questions. Decisions are not...
Is this a good thing if my brother appeal lawyer got a oral argument on his sb 1437 petition?
Martin's answer
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Answered on February 06, 2021
In California courts, oral argument on appeal is a constitutional right. So the letter is neither a good thing nor a bad thing; it happens in...
Is is better to have an attorney file a habeas corpus?
Martin's answer
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Answered on January 29, 2021
Well, in my case, I'd save a lot of money by doing it myself, and I know how to do it well. On the other hand, if I needed to file a habeas corpus...
Archived
What does this mean
Martin's answer
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Answered on January 28, 2021
It means you're doing very well so far, as the court is considering granting your petition.
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If a minute order covers more than one motion, how do you specify which motion you're appealing?
Martin's answer
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Answered on January 27, 2021
In APP-002, the official form for a notice of appeal in an unlimited civil case, the same item (#1) which asks for the date of the judgment or...
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When filing a writ with appellate court, do you need to serve plaintiff's attorney or the superior court?
Martin's answer
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Answered on January 14, 2021
No. If you file an appellate writ petition, you must serve it on both the superior court (the respondent) and your opponent (the real party in...
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What type of writ should be files with the higher court after superior court judge wrongfully denies granting 170.6?
Martin's answer
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Answered on January 11, 2021
The correct filing would be a petition for writ of mandate. (Code Civ. Proc., § 170.3, subd. (d).)
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