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California Legal Malpractice Questions & Answers
1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: What date is considered the actual termination date? Date of notifying the lawyer or date of actual miss conduct

Attorney gave me an opt out to terminate the contract , chose it & dismissed him, received threathen mail that I can't dismiss/terminate as long as disabled. This got me search, found missinformed mediation output denial after24 month, he made a settlement, dismissed the case without my... View More

James L. Arrasmith
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answered on Feb 7, 2025

In ERISA cases, the termination date typically corresponds to when you formally notified your attorney of dismissal, not the date of discovering misconduct. However, your situation involves several concerning elements that may affect this standard interpretation.

The fact that your attorney...
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2 Answers | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: How do I complain a lawyer to the State Bar? California

As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.

Howard E. Kane
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Howard E. Kane
answered on Feb 6, 2025

Once you’ve decided to take your grievance about an attorney to the State Bar, you then need to file an attorney complaint form through the State Bar of California website. Click on "Complaints and Claims" at the top of their webpage and you will be steered in the right direction.... View More

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3 Answers | Asked in Consumer Law, Products Liability, Business Law and Legal Malpractice for California on
Q: Why would this site allow an attorney to copy and paste answers from chat gpt, as though it were sound, legal advice?

This guy Arrasmith is literally copying and pasting answers from chat gpt without even checking validit. That seems like a sure-fire way to loose any credibility as no one at Justia has intervened...

William John Light
William John Light
answered on Feb 1, 2025

Good question.

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1 Answer | Asked in Legal Malpractice for California on
Q: Defendant notified in Feb, 2024 that Default entered (no response). Must now notify of request for money judgment?

Default entered Feb 2024 on malpractice complaint. Now filing request for monetary judgment

Atty says we must notify defendant under CCP section 473(d) & 587 ... TRUE?

Atty says must notify Def. to protect against Def. seeking to render monetary judgment void.... View More

James L. Arrasmith
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answered on Jan 24, 2025

You face a confusing procedural question about whether to serve notice on a defaulted defendant before requesting a monetary judgment. In California, some authority suggests that once a defendant’s default is entered, they aren’t entitled to further notices. Yet other authority indicates a... View More

2 Answers | Asked in Legal Malpractice for California on
Q: Must Defendants be served with request for monetary judgment?

Based in Eureka, CA

1-12-24: Defendants Motion to Strike = denied. Ordered $2,500 atty fees (never pd); ordered to answer in 15 days (he never did).

1-29-24: Defendant filed appeal of Motion to Strike denial - it was denied

2-29-24: Entry of Default was filed against... View More

William John Light
William John Light
answered on Jan 24, 2025

You aren't going to surprise the attorney by serving monetary judgment docs. He has already moved his assets if he is so inclined and/or has assets. He knew you were seeking money from the moment that he was served with the lawsuit, at the latest. However, once you have filed a Request for... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: what is a good legal document preparer service

i live in a house where a lawyer transfered title on the collecting of a 10 year old debt

James L. Arrasmith
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answered on Jan 23, 2025

Finding a good legal document preparer service in California can make a big difference when dealing with legal matters, especially if a lawyer has already been involved in transferring a title related to an old debt. You’ll want to look for a service that is knowledgeable about property laws and... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Legal Malpractice for California on
Q: Do any attorney's offer pro bono work if executor of estate committed fraud?

Brother is executor. He took $250,000-$300,000 plus his 1/3rd from mother's estate. she allotted her assets to three kids 1/3rd each. My brother took all assets minus $20,000 to my other brother and I. Can I pay an attorney at the end of settlement or pro bono?

James L. Arrasmith
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answered on Jan 23, 2025

Many legal aid organizations and law firms in California offer pro bono services for estate fraud cases, particularly when substantial funds have been misappropriated. Your situation, involving the executor taking significantly more than their designated share, would likely interest these... View More

Q: My two prior wc attorney's won't appeal my case to be heard by a judge even tho the adjuster stop my benefits since may

& the qme doctor first report was also in May but I'm still waiting for a second report wich still don't include all my body parts. Let me also mention this qme doctor studied at the same place I had my injury and has a office across from my employer. Are there any attorneys whi will... View More

James L. Arrasmith
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answered on Jan 21, 2025

I understand your frustration with the workers' compensation situation, especially since your benefits were stopped and you're dealing with potential conflicts of interest regarding the QME doctor.

Many attorneys are willing to take over workers' compensation cases that have...
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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: If the case went to private mediation before hearing not court ordered mediation , is this consider a remand ?

lawsuit went to private mediation not court ordered. Case dismissed after mediation, insurance resolve the lawsuit, by an agreement to reopen claim, pay the remainder of the 24m Regular Occupation ,proceed with an investigation for disabled from Any Occupation, as defined by insurance Policy. Case... View More

James L. Arrasmith
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answered on Jan 21, 2025

Based on ERISA law, a true remand typically requires a court order sending the case back for further administrative review. In your situation, since the resolution came through private mediation rather than a court order, this would not technically qualify as a remand under standard ERISA... View More

2 Answers | Asked in Legal Malpractice and Civil Litigation for California on
Q: Responsibilities in respect to service of process

Which statute/rule specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out?

Robert Kane
Robert Kane
answered on Jan 19, 2025

There is no statute/rule that specifically defines that in pro per plaintiff is required to provide instructions to licensed process server what proof of service form must be served and how it has to be filled out.

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3 Answers | Asked in Divorce, Family Law, Civil Rights and Legal Malpractice for California on
Q: at my last court hearing my attorney sexually assaulted my wife and I want to sue him and file charges against him
Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

That sounds terrible, and I would love to help you, but I'm a California lawyer and not admitted to practice law in Florida. You need a lawyer who is admitted to the practice of law in your state. I only know one lawyer who may have practiced in your state, but his practice is limited to... View More

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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: Does the attorney still get paid for future if I terminate with this term? Missinformed mediation output?

"If we file a lawsuit on your behalf, and we are successful in

obtaining benefits for you, our attorneys’ fees will be charged as : If the plan or insurance company unilaterally reinstates your benefits,

or your benefits are ordered reinstated by the Court following trial or... View More

James L. Arrasmith
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answered on Jan 17, 2025

Based on the information provided, this appears to be a complex ERISA benefits case involving attorney compensation. The key issue revolves around the contingency fee agreement's terms regarding future benefit payments after contract termination.

In ERISA cases, attorneys typically...
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1 Answer | Asked in Appeals / Appellate Law and Legal Malpractice for California on
Q: Responsibility for formalizing informal agreement in good faith

Wouldn't it be a fault of a legally sophisticated party that informal intents were not formalized and filed with court?

Is it demonstrated intent to deceive that consequently occurred?

James L. Arrasmith
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answered on Jan 17, 2025

In California law, both parties generally share responsibility for formalizing informal agreements, regardless of their legal sophistication. However, courts often scrutinize situations where a more knowledgeable party may have taken advantage of someone with less legal experience.

The...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Filing Notice Designating Record on Appeal with Attachment and POSes.

Should attachment #4b to APP-003 be filed with court as separate document or scanned together with APP-003 and POS?

Is stamping "Received" required for Attachment ?

James L. Arrasmith
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answered on Jan 17, 2025

When filing the APP-003 Notice Designating Record on Appeal in California courts, you should scan and file Attachment 4b together with the main APP-003 form and Proof of Service as one complete document. This creates a cohesive filing package that helps court clerks process your documents... View More

2 Answers | Asked in Employment Discrimination and Legal Malpractice for California on
Q: Do ERSIA lawyer keep get paid of future payment even if they terminated the contract?

ERSIA case, self appealed, denied. Hired attorney for litigation. Private mediation -not court ordered-attended in isolation. After mediation, attorney missinformed outcome: denial beyond 24 month he'll appeal the rest. But mediation settled to reinstate claim give benfits for 24 month &... View More

Neil Pedersen
Neil Pedersen
answered on Jan 16, 2025

Your question can only be answered by review of your attorney-client fee agreement. Review what is says. Good luck to you.

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Is denial of plaintiff's motion to set aside dismissal against defendant prejudiced against plaintiff in this case?

Valid contract was not formed by informal email communication. Plaintiff kept informal intent and entered dismissal, that the defendant demanded as condition for amending records.

After dismissal was entered by Plaintiff, Defendant took advantage of desperate Plaintiff's effort to... View More

James L. Arrasmith
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answered on Jan 15, 2025

Based on the information provided, the denial of the plaintiff's motion to set aside dismissal does appear to show prejudice against the plaintiff in this case. The circumstances suggest the defendant acted in bad faith by using the plaintiff's vulnerable position and desire to amend... View More

2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: such recently discovered facts be added to reasons for compelling further responses? what statute defines that?

How exactly California Code of Civil Procedure Section 2031.310 allow party to compel further responses, including newly discovered facts in reasoning for compelling further responses? In other words - when new facts were discovered since discovery was propounded, that strengthen basis to compel... View More

Pavel Kolmogorov
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answered on Jan 15, 2025

You correctly identified the statute that governs motions to compel further responses to document requests (Section 2031.310). While the statute does not explicitly mention the use of newly discovered facts, it provides a framework for compelling additional responses when initial responses are... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: Can I tell the insurance co. I have reported the lawyer to Cal bar or i will have malpractice to protect my funds?

Can I tell the insurance company if I will report the lawyer to Cal Bar or I will have a legal malpractice aganist my attorney or this will be against client-attornery relationship? The attorney submitted termination of represenatation to the insurance co. yet at the same time asking the co. to... View More

James L. Arrasmith
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answered on Jan 12, 2025

You have the right to express your concerns to the insurance company, including mentioning that you might report your lawyer to the California Bar or pursue a legal malpractice claim. This communication focuses on your situation and does not violate the attorney-client privilege.

Regarding...
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2 Answers | Asked in Civil Litigation and Legal Malpractice for California on
Q: Can reasons why further responses to discovery have to be provided be supported by facts obtained since propounding?

Can reasons why further responses to discovery have to be provided be supported in the Separate Statement by new facts, obtained since discovery was initially propounded?

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 10, 2025

This answer assumes you are asking about the reasons provided in the separate statement accompanying a motion to compel. There is no legal or logical reason to exclude such facts. The purpose of the statement is to highlight for the judge why responses/further responses should be compelled. It is... View More

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1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: Setting aside dismissal based on informal communication

judge faces clearly inadvertent mistake by not legally educated party in informal agreement, that could not constitute settlement agreement, and plaintiff states clearly in motion for reconsideration that settlement was not achieved - presenting track record of informal communication.

Is it... View More

James L. Arrasmith
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answered on Jan 9, 2025

In California, judges have discretion to set aside dismissals under Code of Civil Procedure § 473(b) when there has been mistake, inadvertence, surprise, or excusable neglect. This is particularly relevant when dealing with self-represented litigants who may not fully understand legal procedures.... View More

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