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... View More 
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... View More
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... View More
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
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.... View More
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.
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... View More
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.... View More
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... View More
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... View More
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.... View More
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.
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... View More
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... View More
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.
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... View More
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,... View More
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.
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... View More
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?
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... View More
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... View More
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,... View More
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