San Diego, CA asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California

Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day NoFault Notice in subsequent Notice);the Lease contained in the Complaint is provably forged;service of both Notice&Complaint were improper (neither were mailed,no DueDiligence, no Order permitting posting);and Verifications are defective(signed by non-party w/out explanation).My lawyer will not argue these bc of bias&concerns re upsetting Judge&opposing counselANDin interest of FUTUREclients,SO I should just move out and be homeless. I'm56.For10yrs this has been my home&my landlord has been my employer,until I got injured on the job&asked re WC.They had noWC(but do NOW).Attempts to evict me began. Judges violating Laws?Attys acquiescing?No FidDuty2client?No recourse?No wonder no Faith in System!

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is correct, or perhaps that this judge has a problem with the attorney.

And I should note, that it is not a breach of an attorney's fiduciary duty to the client to advise them of the practical risks of moving forward, even if those risks are distasteful.

Finally, if you think you can prove that you were terminated and lost your home because you stated a desire to file a workers compensation claim, you may well have a meritorious legal claim against this employer under the California Fair Employment and Housing Act if your employer employed at least 5 employees, and that claim would be prosecuted by an employment law attorney. If the employer is not that big, then you may still have a claim for violation of Labor Code section 132A that would be prosecuted by a workers compensation attorney.

It would be wise for you to seek out a consultation with one or both of these kinds of attorneys to determine what your rights may be. However, neither will likely be able to stop your removal from the home, but may be able to recover money for the damages you incur as a result of the wrongful conduct.

Good luck to you.

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