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Questions Answered by Kenneth Sisco

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on

Q: Attorney on probation with BAR and screwing up to say the least. What are the responsibilities of the Court to protect?

Need a Malpractice Lawyer?

Kenneth Sisco answered on Jul 9, 2019

Almost none. Your first line of defense is you. Find another attorney, and have him help you decide if the matter is ripe for a malpractice suit.

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2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Probate for California on

Q: I don't know what to do

My stepfather and mother were married 28 years my mother owned her own ompany she had numerous bank accounts stocks bonds life ins she passed 2002 with a holographic will stating in her husband's demise all monies go back to her children my stepfather pass 2016 Intestate as a widower his... Read more »

Kenneth Sisco answered on Jun 28, 2019

There are a lot of facts that are unclear, but it appears that you mother left your step father a "life estate" in her property, meaning he got the proceeds from the business and was allowed to live in the home, for his lifetime, and then all her property would revert back to her children. I see... Read more »

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1 Answer | Asked in Civil Litigation for California on

Q: Our small HOA had 3 ''threats to sue'' against it by an owner. Because the HOA is a corp. we had to answer via a lawyer.

Because we are a Corp. we had to hire a lawyer to answer the ''threats''- very expensive! Finally we were actually sued, at that point our Insurances kicked in and now our legal defense is paid by the Insurances.

Could we have hired a much cheaper lawyer- young, newly licensed, to answer... Read more »

Kenneth Sisco answered on Jun 22, 2019

I do not specialize in condo law, but it would seem to me that you can, and should, turn over any threats to your insurance company anyway. One certainly does not wait for a lawsuit before turning an auto accident over to your insurance company. You can certainly do a lot of harm to your case,... Read more »

1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for California on

Q: what can be done if opposing party keeps threatening to appeal any decision the court makes to drag on forever?

plaintiff ordered to pay defendant attorneys fees at trial court. Plaintiff appealed for "abuse of discretion". Appellate court affirmed trial court citing no abuse of discretion and awarded respondent "costs" of appeal. plaintiff now threatening to appeal any costs or attorneys fees from the... Read more »

Kenneth Sisco answered on Jun 17, 2019

Unless there are some important facts left out of your question, you should simply ignore his threats. An appeal does not stay execution on a judgment. Obtain a writ of execution, record an Abstract of Judgment, and start levying on his property and bank accounts. If he wants to stay your... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on

Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »

Kenneth Sisco answered on Jun 15, 2019

Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing... Read more »

1 Answer | Asked in Legal Malpractice for California on

Q: I live in California. Question re SOL deadline

If I missed filing a Malpractice complaint against my former attorney by one day (ie. SOL expired on a Monday and today is Tuesday) would you still file the complaint and hope for the best? Does the SOL for Malpractice action against an Attorney expire 1 year after the Attorney's last day of... Read more »

Kenneth Sisco answered on Jun 11, 2019

The answer to the question, "When does the statute of limitation expire?" is a fairly easy one, although there could be questions about that too. Generally, it depends on what date it began to run; there are many complications as to that question. Typically, as in almost all cases, the SOL begins... Read more »

2 Answers | Asked in Legal Malpractice for California on

Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.

I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action against the... Read more »

Kenneth Sisco answered on Jun 11, 2019

There is a split among attorneys as to whether you should combine serial malpractitioners; it all comes down to specific facts. Indeed, under some circumstances, you may, at some point, be forced to consolidate the two cases. Without knowing more, I would not mention the 2nd attorney in the suit... Read more »

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1 Answer | Asked in Business Law and Business Formation for California on

Q: How do I file a partnership in California?

Kenneth Sisco answered on Jun 3, 2019

It is a fairly simple procedure actually. Of course, there are several types of partnerships, and you probably should not rule out a Limited Liability Company, or even a Corporation. But once you have determined what you need, simply go to the California Secretary of State's Web site, and you... Read more »

1 Answer | Asked in Business Formation and Business Law for California on

Q: I'm a CA resident and registered a DE LLC, (no hard assets, just IP rights and R&D expense. Do I need to register in CA?

the entity is a R&D single member LLC. Work is done in the garage and expense is paid from personal account to vendors/suppliers in all states.

Thank you

Kenneth Sisco answered on May 28, 2019

The correct answer is "yes." Anytime a business entity conducts business activities in California, it must qualify to do business. And, I always advise my clients to follow the law.

As a practical matter, the only way it will come up is if you have income, or if you get sued. In that...
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1 Answer | Asked in Legal Malpractice for California on

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

Can an attorney who conceals the fact that the attorney has a relationship with the attorney tolls the statute of limitation and never made a written notice of the relationship required under Rule 3-310.

Kenneth Sisco answered on May 18, 2019

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... Read more »

3 Answers | Asked in Constitutional Law, Consumer Law, Criminal Law and Legal Malpractice for California on

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

I believe negotiations of filing/not filing a complaint with the State Bar is not an option.....but is it legal to negotiate a settlement vs. reporting to law enforcement if that appears to be the only way to get financial compensation from being wronged?

And I am not just money hungry.... Read more »

Kenneth Sisco answered on May 16, 2019

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... Read more »

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1 Answer | Asked in Civil Litigation for California on

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

He admitted to the Fed judge after I was awarded Pro Bono atty to help me submitted False Declarations under pen of perj from employees who later admitted to lying. Submitted Declarations about supervisors forging signature of other clients happened regularly for many years.

After... Read more »

Kenneth Sisco answered on May 16, 2019

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.... Read more »

6 Answers | Asked in Civil Litigation and Personal Injury for California on

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?

I have the police report and he was found to be at fault. He has no insurance and no license and was on probation for two prior dui convictions.

Kenneth Sisco answered on Apr 7, 2019

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... Read more »

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1 Answer | Asked in Legal Malpractice and Probate for California on

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

The order of probate was not followed the statuary fee way over exceeded the amount in assets the attorney met with the other side not just the attorney the actual people the decedent owned property we received nothing the decedent was in a very lucrative industry with 2 other partners one partner... Read more »

Kenneth Sisco answered on Apr 5, 2019

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.

3 Answers | Asked in Civil Litigation, Contracts and Legal Malpractice for California on

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

I’ve never had my competence under question or any psychological evaluation for anything. I’m of sound mind and fully capable of making my own informed decisions. Someone has appointed themselves legal representation for me and has basically been signing away my life. What can be done about... Read more »

Kenneth Sisco answered on Apr 5, 2019

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... Read more »

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for California on

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

Kenneth Sisco answered on Apr 4, 2019

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.

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for California on

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

Kenneth Sisco answered on Apr 3, 2019

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... Read more »

1 Answer | Asked in Business Formation and Business Law for California on

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

We are a Delaware C-Corp that does online retail sales. We hired one employee in California to do some marketing work for us. Does this constitute as doing business in the state of CA and require us to register with the Secretary of State?

Kenneth Sisco answered on Apr 3, 2019

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... Read more »

1 Answer | Asked in Real Estate Law, Legal Malpractice and Probate for California on

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?...

I say the deed is not legal because deed shows the Grantor is an estate that I used to be executor and only heir but this estate had ended, it was CLOSED years before this "bogus" deed was signed and recorded. So whoever tried to pull a fast one on me by recording a deed without my knowledge didnt... Read more »

Kenneth Sisco answered on Apr 1, 2019

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... Read more »

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