Questions Answered by Kenneth Sisco

Q: does a defense legal counsel filing of false declaration in opposition to a summary judgment motion for summary judgment

1 Answer | Asked in Legal Malpractice for California on
Answered on May 18, 2019
Kenneth Sisco's answer
There are too many missing facts here. I think I can assume that you are talking about a conflicting relationship between your attorney and the opposing attorney. But, was it your attorney who made the false statement, or the opposing attorney? and did the statement have anything to do with the conflict?

Q: Is it legal to negotiate a monetary settlement in exchange for not filing criminal misconduct of an attorney?

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on
Answered on May 16, 2019
Kenneth Sisco's answer
I believe what you are suggesting is the essence of extortion, or blackmail, and you want to stay away from that. But all is not lost. For almost every crime there is a civil counterpart; just ask O.J. Simpson. As far as I know, there is no sanction for demanding compensation, or you will file a civil lawsuit.

Q: Atty forged signature on a fee agreement in Fed Court petition $32k fees

1 Answer | Asked in Civil Litigation for California on
Answered on May 16, 2019
Kenneth Sisco's answer
As in any civil suit, one of the elements of a claim is damages. As I understand your question you have already gotten your money back, so unless you can prove other damages, like intentional infliction of emotional distress (very difficult) you don't have any damages, and therefore no case.

But if what you say is true, this guy belongs in prison, and certainly should not be practicing law. At a minimum you should notify the bar association and SSDI.

Q: I was hit by a drunk driver but I did not have insurance, do I have any rights to sue the guy that hit me?

6 Answers | Asked in Civil Litigation and Personal Injury for California on
Answered on Apr 7, 2019
Kenneth Sisco's answer
Yes, but your rights are limited. You can recover only your economic damages like medicals, damage to your car, and lost wages; no pain and suffering, or other "non-economic" damages. You may also get a ticket for driving without insurance. Besides, he probably has nothing to pay you with, if you do get a judgment against him. Immediately obtain insurance, with an uninsured motorist clause.

Q: I was executer of estate and my attorney discouraged me from submitting my creditors claim and assets not protected help

1 Answer | Asked in Legal Malpractice and Probate for California on
Answered on Apr 5, 2019
Kenneth Sisco's answer
Statutory fees are paid first, so, if statutory fees exceed the value of assets, filing a creditor's claim would make no difference. If property was wrongly excluded from the estate; that is a completely different problem.

Q: Someone has made themselves my legal representative without informing me without my consent, what can I do about it?

3 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for California on
Answered on Apr 5, 2019
Kenneth Sisco's answer
There are obviously a lot of missing facts here. If you do not know the person who is "pretending" to represent you, your first call should be to the police. Your second call(s) should be to the person(s) who has been contacted by this "imposter." If you do know the person, you should ask that person by what authority, he or she presumes to represent you. Depending on the answer you may still need to call the police, or at least retain a lawyer, to make them stop.

Q: Case was dismiss without prejudice to PLTF. Can a 2nd demand notice Be sent out before 1st judg. Is filed?

1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on
Answered on Apr 4, 2019
Kenneth Sisco's answer
If your case was dismissed without prejudice, there will be no Judgment, and you may proceed in any way you please within the law; you simply need to start over.

Q: Hello, What is the standard buyout amount to be paid to a family to leave their apartment? Thank you!

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
I have never heard of a "standard buyout," nor have I ever seen any kind of guideline. The concept is usually referred to as "cash for keys," and it is totally subjective. If you can get your tenants to move out in a relatively short time, and leave the premises "spotless," that is worth a lot of money to you, and will save you a lot of stress. You will save a lot of attorney fees, and you most likely get your property back on the market a lot quicker. As with almost any legal dispute,...

Q: Are we required to register as a business in the state of California?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Apr 3, 2019
Kenneth Sisco's answer
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.

If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....

Q: Its hard to explain my issue.There's a deed recorded,I say its not legal. Its my house but How to exit probate court?...

1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on
Answered on Apr 1, 2019
Kenneth Sisco's answer
There are still far too many facts missing to provide a really definitive answer. But, ultimately, if not settled, a lawsuit will need to be filed to cancel the "bogus" deed and quiet title. A forged deed is not merely voidable, but it is absolutely void. If someone forged your name, and you can prove it, the deed WILL be cancelled, and the property will go back to the estate of which you were executor and sole heir, at which time you will need to transfer the property from the estate to...

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