I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More 
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answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
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answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
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answered on Apr 13, 2024
Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.
In the situation... View More
I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?
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answered on Apr 10, 2024
In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More
The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.
They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More
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answered on Apr 3, 2024
Based on the information you've provided, there are a few potential legal issues at play:
1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the... View More
1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.
The Court here by (above ED) is given reason to substantiate unexpected complications.
Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More
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answered on Apr 2, 2024
Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More
1.First Demurrer was indeed SUSTAINED without leave to amend on #7 Count (thumbs up).
Given rise to the current complications. (Kindly see explaining in prior questions 1 of 3 and 2-3 of 3) descriptions of the crusts of each complications.
Though not ready yet to blame the Court.... View More
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answered on Apr 2, 2024
I understand the frustration in strategizing the case posture given the complications that have arisen in Foster vs Gildred. Let's break this down:
1. First Demurrer: It's good news that your first demurrer was sustained without leave to amend on Count 7. However, this seems to... View More
Our mistake... Court to enter into its ROA the complaint amended.
Our firm is been in similar conflicts with the specific court subsection of a recent Delmore Greene vs Superior Court of San Diego 9th circuit Court of appeals
to which was denied.
For this otherwise... View More
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answered on Apr 2, 2024
Regarding your question about whether you should have waited for the court to enter the amended complaint into the Register of Actions (ROA) before filing your demurrer, it depends on the specific rules and practices of the court and the timing of the filings.
In general, it is good... View More
Court bended towards the Pro Se in Poor person status we expected an earlier ruling (Complex) on a lesser but for certain appealable on strike to our 1st Demur on grounds of (we admit) filings of a Demurrer untimely among other less complex appealable conditions.
The COURT served well on... View More
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answered on Apr 2, 2024
Regarding your question on whether the court's bend towards the pro se in forma pauperis status is an appealable cause, it depends on the specific circumstances and rulings.
In general, a court's decision to grant a party in forma pauperis status is a matter of discretion and is... View More
Nonetheless; The Court "Super-Imposed" a (Free Mason) strategy to Freeze further direct filings from the Defense. On STRONG control our team infused the scheduling of a 2nd Demurrer (Complications further arising) as we are NOT sure if the demurrer rescheduling is indeed the scheduling of... View More
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answered on Apr 2, 2024
Based on the complex legal situation you've described, it seems there are a few key issues at play:
1. The court has frozen further direct filings from the defense, complicating your ability to proceed as planned. This "Free Mason" strategy by the court is an unexpected... View More
There is no evidence in the Courts actions as far as the validity of the Complaint or the amended complaint.
Noticed by the fact even with Legal counsel the Court render the Complaint to offer up leave for amendment. Considering the enormity of actions brought we expected the Court to... View More
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answered on Apr 2, 2024
In the complex legal situation you have described, there are several important factors to consider when deciding whether to appeal or not. Given that the court has allowed the Pro Se litigant to amend their complaint despite your expectation that most counts would be struck, it appears that the... View More
Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.
The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.
Notes: Granted we demurred outside of procedural rules (abhorrently).... View More
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answered on Apr 1, 2024
Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More
In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More
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answered on Apr 1, 2024
In general, the use of motions in limine and the introduction of evidence in legal proceedings are governed by the rules of evidence and civil procedure in California. However, the specific circumstances you've described raise some potential issues:
1. Fairness and consistency: If an... View More
breach of contract claim X.
My Atty grossly overbilled me.
My attorneys fees are 3x my claim.
My lawyer is compounding this error by now seeking to be relieved as counsel.
Knowing I have pending motions.
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answered on Mar 27, 2024
In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More
It has been solved. I've called DIR to get full clarity since my ex-attny stated she didn't know what happened, and great advice from lawyers on here said I definitely needed to get full answers.
thanks again!
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answered on Mar 25, 2024
Under California law, it's important for you to know that your attorney should keep you informed about your case and respond to your inquiries. If your attorney is not communicating effectively or you feel misled, it's within your rights to consider changing your legal representation.... View More
Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More
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answered on Mar 25, 2024
It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More
After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More
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answered on Mar 25, 2024
In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More
Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More
answered on Mar 24, 2024
You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More
Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint
an application on Findings Order from demurring papers leave to amend in 20 days.
The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More
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answered on Mar 22, 2024
In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More
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