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Questions Answered by Joel Gary Selik
1 Answer | Asked in Legal Malpractice for California on
Q: How does one disbar an incompetent judge?

This judge may have dementia.

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

In California there is a governmental agency dad overseas judges and discipline the judges.

https://cjp.ca.gov/

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... Read more »

Joel Gary Selik
Joel Gary Selik answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for California on
Q: Can I hire an attorney for limited services?

I wish to hire an attorney to help with preparing an "opposition to motion to deem matters admitted". Is it possible to hire for only that, or will attorneys require they represent me throughout the entire case?

Joel Gary Selik
Joel Gary Selik answered on Jan 11, 2022

Yes, you can hire an attorney to write the motion, or only assist you on the motion or for any or all of any part.

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1 Answer | Asked in Legal Malpractice for California on
Q: 3 months into a case a lawyer asked for a second incident date we never stated, said can’t proceed without!

In lawsuit draft lawyer states dates that have nothing to do with our case, stated use of wheelchair when we stated use of walker! Politely asked false info be removed and then once again asked for 2nd date that does not exist which we refused to furnish!

Joel Gary Selik
Joel Gary Selik answered on Jan 8, 2022

Mistakes of facts in lawsuits may not matter at all and it may not be worth amending the complaint.

If there were not two incidents, but the lawyer thinks there is, this could be a sign of miscommunication. Ask the lawyer to discuss the case.

1 Answer | Asked in Legal Malpractice for California on
Q: How can one disbar an incompetent Judge with cognitive issues?
Joel Gary Selik
Joel Gary Selik answered on Dec 31, 2021

There is an agency that disciplines judges

https://cjp.ca.gov/

1 Answer | Asked in Legal Malpractice for California on
Q: Other than Bar complaint, no consequences for awful legal malpractice if I win Mandamus reinstatement? Even though....

I know that Mandamus reinstatement mitigates legal malpractice damages. 1.) BUT, that horror cost me 2 1/2 years of my life & much legal fees. Other than the Bar complaint, the atty gets away w/ it & I'm stuck w/ 2 1/2 yrs of my lost life & a lot of legal fees? Continuing... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 30, 2021

So sorry to hear what you have been through.

While there are not enough facts to positively answer your questions, some information can be provided.

While there may be mitigation, that does not mean that there is no case, it only means that damages may be less than if mitigation was...
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2 Answers | Asked in Consumer Law, Small Claims and Collections for California on
Q: I am being sued by a debt collector.

I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 29, 2021

File an opposition.

Send fax to defense attorney.

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2 Answers | Asked in Collections for California on
Q: I have a question about debt collection in California.

My mother was sued by a debt collector in California and had a lien placed on her home. There was no notification and was never served to appear in court. Apparently, the court sent my mother a notification after the fact that she had a judgment filed against her and now has a lien against her... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 27, 2021

Review the court file and do a motion to set aside judgment.

There are strict time deadlines so that you must file your take action or be forever barred from relief.

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1 Answer | Asked in Collections for California on
Q: As a creditor, can the debtor initiate a payment plan ? Can I not accept?

I was awarded $13,000 for non disclosure of assets from my ex. He sent a $100 check. The judge did not mention how he was to pay. He has several successful companies and can afford the lump some.

Joel Gary Selik
Joel Gary Selik answered on Dec 24, 2021

Unless a judge orders otherwise, you do not have accept a payment plan.

1 Answer | Asked in Legal Malpractice for California on
Q: I filed a complaint and other sides demurrer is due tomorrow. How much time do I have to amend with facts and exhibits
Joel Gary Selik
Joel Gary Selik answered on Nov 29, 2021

CCP § 472 may so indicate:

472.

(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the...
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1 Answer | Asked in Medical Malpractice for Nevada on
Q: How would I obtain a hospitals documented timeline of my father's health while he was in there care?

My father is currently in a Nevada hospital, now at day 5 we're told he might not make it. He was having cold like symtoms and slight shortness of breath, he was contemplating even going but decided to just to have them take a look just in case. He wasn't struggling, no signs of of lack... Read more »

Joel Gary Selik
Joel Gary Selik answered on Oct 24, 2021

The hospital’s medical records. Also known as the chart.

1 Answer | Asked in Legal Malpractice for California on
Q: Do attorneys sue other attorneys for malpractice? Mishandling a case? Not filing paperwork court documents timely?

Los Angeles city attorney did not file my court documents in time and missed an important deadline. Can i get help to sue ?

Joel Gary Selik
Joel Gary Selik answered on Oct 24, 2021

Thank you for your question.

Yes there are attorneys who specialize in suing attorneys, as I do.

The Specialist will need to know:

Name and City of Attorney and Law firm;

what the attorney did wrong,

your financial damages due to the malpractice,...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: Is it legal as a 15 year old to watch 15 year old porn online fictional tv show characters??
Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Assuming the definitions, the answer is no. It is, at least, two criminal violations

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Is the opinion admissible? With a proper foundation, yes.

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1 Answer | Asked in Estate Planning, Elder Law and Legal Malpractice for California on
Q: Is there a conflict of interest when a lawyer supports beneficiaries' efforts to dissolve his clients' irrevocable trust

In 1998, he created a QPRT for them, which owns their home. Their three adult children are beneficiaries. Two of the beneficiaries don't like the idea of inheriting a house without a step-up in basis. The lawyer wrote to the third, who is the successor trustee, to tell her that, and also that,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 31, 2018

Yes there is a conflict of interest, but it is the transferring of the asset that is the most immediate serious issue.

1 Answer | Asked in Libel & Slander and Medical Malpractice for Nevada on
Q: A med pro wrote a mental eval with direct lies in it One is obvious enough in court I think: Is that libel/malpractice

It was for a monetary position and I think the report was edited before being sent to me verses the report sent to the decision makers in the situation. So she basically changed my medical records before sending them to me *after taking steps to keep me from seeing the report at all. There are... Read more »

Joel Gary Selik
Joel Gary Selik answered on Dec 20, 2018

It is neither liable or legal malpractice. It may be another tort and you may be able to add your own notes to the record.

Even if we discuss your case further, I will not be your attorney until we both sign a fee agreement. There are strict time deadlines so that you must file your...
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2 Answers | Asked in Legal Malpractice for California on
Q: Who should I report legal malpractice suspicions to? Just the state bar?
Joel Gary Selik
Joel Gary Selik answered on Dec 6, 2018

If you are considering bringing a legal malpractice lawsuit, you should confer with an experienced legal malpractice attorney prior to your taking any action, including filing a complaint with the bar.

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2 Answers | Asked in Employment Discrimination and Legal Malpractice for California on
Q: currently i work for Goodyear my hours are from 8 am to 6 pm 6 days a week but they only pay me for 49 hrs

i wrk for Goodyear i wrk from 8 to 6 pm but they only payed me for 49 hrs, when i got hire i mention that i had to got school Monday/Thursday, today they wanted me to stay for a meeting, i explain to the manger that i had to go to school and that going to school was more important, that staying for... Read more »

Joel Gary Selik
Joel Gary Selik answered on Sep 17, 2018

You need an experienced employment/ class action attorney. Email me for a referral.

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