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1 Answer | Asked in Personal Injury and Appeals / Appellate Law for California on
Q: Statute for appealability of court's order denying motion to set aside dismissal

Dismissal order was entered in the case against one of defendants.

Entry of judgement was not made and was not served.

If order denying motion to set aside is appealable, under what statute for unlimited cases?

Under 904.1 - order is NOT appealable, because there was not final judgement.

James L. Arrasmith
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answered on Nov 24, 2024

Under California law, an order denying a motion to set aside dismissal is typically appealable as a post-judgment order under CCP § 904.1(a)(2), but only after entry of judgment. In your situation, since no judgment was entered or served, the order is not yet appealable.

You have two...
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0 Answers | Asked in Family Law, Child Custody and Child Support for Virginia on
Q: If I do not agree/consent to it, can my ex take our son out of state for a trip to Texas for Christmas?

If I do not agree/consent to it, can my ex take our son out of state for a trip to Texas for Christmas?

Other facts: -We are still legally married, pending divorce, no court dates until Feb-April. -We’re both the child’s parents, both have rights, both on the birth certificate. -My son... View More

2 Answers | Asked in Animal / Dog Law for California on
Q: Can we sue a veterinary clinic in another state (FL) for malpractice without a veterinarian letter claiming malpractice

We had a dog spayed in FL which had complications totally $15K. We've been unsuccessful in obtaining getting the surgeon to response back with a letter of malpractice against the veterinarn clinic in FL.

William John Light
William John Light
answered on Nov 24, 2024

You can sue, but you will lose. Complications are a normal part of surgeries, whether on humans or animals. In order for the veterinarian to be liable for the complications, you have to show that s/he did something negligent, or below the standard of care. If you can't show that with... View More

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0 Answers | Asked in Civil Litigation and Construction Law for Texas on
Q: Trying to instill a pool in my back yard but my HOA didn't approve my request.

My building setback is 10 feet and my HOA is considering a pool as a building but San Antonio doesn't consider a pool a building. Other home in my HOA have pools located within the 10 feet setback. I want to see what we can do to force my HOA to allow me to instill my pool within a 5 feet... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Scope of exceptions to section 906 appeals

Intention for post-judgement appeal.

Pursuant section 906 plaintiff intends to appeal not dismissal of legal action against one of defendants, but to appeal denied motion to set aside dismissal.

Can such appeal be exception to appeals section 906, and specifically why.... View More

James L. Arrasmith
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answered on Nov 24, 2024

Under California Code of Civil Procedure section 906, you face significant limitations when attempting to appeal a voluntary dismissal, even when your focus is on the denied motion to set aside that dismissal.

The general rule is that voluntary dismissals are not appealable because they...
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1 Answer | Asked in Appeals / Appellate Law for California on
Q: Scope of exceptions from appeals pursuant section 906.

Section 906 does not authorize to review any decision or order from which an appeal MIGHT BEEN TAKEN.

This mean that appeal should have been taken before, or appeal that was taken should not be revisited?

Particularly, if during lawsuit dismissal was entered against one of... View More

James L. Arrasmith
PREMIUM
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answered on Nov 24, 2024

The limitation in Section 906 of the California Code of Civil Procedure means you cannot use a later appeal to challenge earlier orders that could have been appealed at the time they were made. This is often referred to as the "one shot rule" - you must take your appeal when the... View More

0 Answers | Asked in Child Support for Georgia on
Q: Can I have my child support order modified in Georgia if I have multiple children?

I was served with cs papers, but was told the case would be dropped by the mother of my child. Found out she never dropped it and I missed the court date. I have five other children that I can barely provide for in the ways that I used to because of this and she has found another job that pays more... View More

0 Answers | Asked in Juvenile Law for North Carolina on
Q: how can a juvenile case be on the internet this case is supposed to be sealed

justia case 431 S.E.2d 820 (1993)

111 N.C. App. 85

In re BECKER, Aaron Michael, Bell (Becker), Jacob Tristan, Becker, Joshua Lee, Becker, Matthew Seth, and Becker, Mark A., Minor Children.

No. 9229DC436.

Court of Appeals of North Carolina.

July 20, 1993.

0 Answers | Asked in Insurance Bad Faith and Insurance Defense for North Carolina on
Q: How can I handle this miscommunication or confusion with my insurance and then being extra charged because of that?

I was dealing with mi car insurance about rates jumping up too high for my next policy and used the chat option that their app have, the person that I interacted with misunderstood what I wanted, I wanted to change my next policies rates and he changed my current one and now they are expecting me... View More

0 Answers | Asked in Business Law, Land Use & Zoning, Real Estate Law and Tax Law for Virginia on
Q: If i purchase someone else’s business and the business owns real estate, do i then become

the owner of the real estate as well ? I purchased a company and there are 9 properties that are owned by this business when I check online.

0 Answers | Asked in Personal Injury for North Carolina on
Q: I was severely stabbed in prison while asleep in my cell after prison lockdown hours.

I was nearly murdered due to the officers negligence. can someone help me fill a tort claim against nc dac or NC dps

0 Answers | Asked in Criminal Law for North Carolina on
Q: Will the expunged record of my arrest with charges dropped show up on the NCBOT background check before licensure?

I was arrested in 2011 for assualt and battery. The charges were dropped and my record was expunged. I have had no other arrests or charges. Will the NCBOT (North Carolina Board of Occuptational Therapy) see my expunged record when they do a background check required before licensure and will this... View More

1 Answer | Asked in Criminal Law for California on
Q: 1381 form sent to court and what date do they used to give u credit for the date u served
James L. Arrasmith
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answered on Nov 24, 2024

When you submit Form 1381 (Credit for Prior Time in Custody) in California, the court typically calculates your custody credits from the date of your initial arrest or when you were first taken into custody for the current offense.

The credits can include actual days served in county jail,...
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0 Answers | Asked in Criminal Law on
Q: Hi is it a scram if someone asks me to bet for them and we all lost it and now they want there money back

They asked me to bet for them and we lost it, now they want me to pay it back the money and threatening to arrest me

0 Answers | Asked in Real Estate Law on
Q: If I sell my home for less then 250k would the judgment liens get paid after mortgage deed or does homestead act stop it

Current home is my dwelling and in Arizona, also the foreclosure process was started with auction on December 26.

0 Answers | Asked in Criminal Law for Kansas on
Q: Victim of stalking by proxy (retaliation) after arson charges were pressed

My wife's personal belongings were burned by a friend in retaliation for us moving trying to get our life together. Among those items were irreplaceable items with sentimental value. My wife pressed arson charges and said friend moved out of state once they were made aware of the charges to... View More

0 Answers | Asked in Uncategorized for Florida on
Q: Our HOA has 370 units and our CC & R prohibits more than a 10% increase per year on HOA fees.

We had a special assessment for a community sinkhole at our pool and we all paid equally for the repair. After the sinkhole was repaired and paid off via a loan from a bank, the HOA continued to charge us an assessment , equal to what we were paying for the special assessment . They no longer... View More

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