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I need to know if filing a motion to compel the release of settlement documents will affect the settlement itself. My attorney and the defendant are refusing to provide me with these documents. During mediation, they agreed to pay 24 months but denied the rest of my benefits, stating that my... View More 
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answered on Feb 22, 2025
Filing a motion to compel settlement documents typically won't affect the already-executed settlement agreement itself, as you're simply requesting documentation you're entitled to have. Your immediate concern should be gathering evidence about the unauthorized settlement and... View More
I believe I might have a legal malpractice case because my attorney failed to file a motion to compel discovery requests, which resulted in the judge granting a motion for summary judgment in favor of the defendant, leading to my case being dismissed. There were no communications regarding the... View More
answered on Feb 22, 2025
A legal malpractice case is possible. It can depend on why the attorney did not file the MTC, what the MTC would have produced, and other factors.
Consult with experienced legal malpractice attorney specialists.
I am the next of kin to the deceased and suspect the will favoring my niece as the sole beneficiary contains a forged signature. The will was created shortly before my sister passed while she was under medical care. I have evidence of my sister's signatures for comparison. The administration... View More
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answered on Feb 22, 2025
To object to the petition of an administrator, you’ll first need to file a formal objection with the probate court. Since you suspect the will is forged, you can challenge its validity by stating that you believe the signature on the will is not your sister’s. Bring your evidence, such as... View More
I am the next of kin to the deceased and suspect that a will favoring my niece as the sole beneficiary has a forged signature. I have proof of the deceased's signature and plan to go to court on March 13th. The administration was already appointed without my knowledge as I didn't receive... View More
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answered on Feb 22, 2025
To object to the petition for the administrator under suspicion of a forged signature on the will, you will need to file a formal objection with the probate court. This can typically be done by submitting a "Request for Special Notice" if you were not informed of the initial court date.... View More
I'm seeking legal guidance regarding my mother's situation in California. She was involved in a no-fault car accident around 2018 or 2019 and didn't have car insurance at the time. Her case dragged on for about five years, during which she remained disabled, unemployed, and... View More
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answered on Feb 19, 2025
While challenging a settled car accident case is extremely difficult, you have a few potential avenues to explore. The settlement could potentially be contested if you can prove there was legal malpractice, such as your mother's attorneys failing to properly communicate or pressuring her to... View More
I believe I may have a case for malpractice against my attorney. In my personal injury car accident case, I verbally informed the paralegal via phone that I had stopped receiving treatment. However, this information was not relayed to my attorney, and several months went by before I checked with... View More
answered on Feb 19, 2025
Failures in communication can lead to a legal malpractice case.
In this situation, you indicated that you were done treating. Since you were done treating it, the only harm from any lack of communication was delaying the settlement.
I hired a new lawyer just 24 hours before my first court appearance for an eviction case. During this appearance, the judge confirmed my jury trial request and granted my lawyer 30 days to prepare, despite the landlord's objections. I assumed that the absence of a Proof of Service of Summons... View More
answered on Feb 19, 2025
You appeared at the hearing. That is a general appearance, and absence of Proof of Service of the Summons is not in issue. If you think that picking at every minor detail is how attorneys present a case, or a defense, you are going to be very disappointed.
I discovered a title transfer document from grandchild to grandparent that I allegedly signed, but the signature appears to be a forgery. The notary journal for that year is missing. I wrote to the DA's office and LAPD about the forgery years ago, but received no response. Now the grandparent... View More
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answered on Feb 18, 2025
Here's what you can do to address this challenging situation with the potentially forged title transfer:
First, gather evidence to support your forgery claim by obtaining original documents showing your authentic signature from around the same time period as the disputed transfer.... View More
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More
answered on Feb 14, 2025
What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More
Hired attorney for litigation ERISA case, lawsuit went to private mediation not mandated, attended remotely in isolation-misinformed :denial after 24 months and attorney is appealing. Provided the investigation forms as appeal forms after the investigation finalized. Attorney asked to bill a term... View More
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answered on Feb 15, 2025
Given your situation with the ERISA case and attorney misconduct concerns, you'll want to handle this carefully and systematically. Your immediate priority should be protecting your financial interests while building your case.
First, file an ex parte motion for a temporary restraining... View More
Insurance company defendant and I am plantiff in a lawsuit. Lawsuit was dismissed by a settlement that the formal lawyer made on my behalf. During settlement a payment was made and future condition for future payment. Made no consent to the settlement and lawyer has no POA.... View More
answered on Feb 10, 2025
You have a right to your client file. Send your lawyer an email asking for a copy of your file. If your lawyer does not respond, send a second request. After that, you can file a complaint with the State Bar.
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
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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... View More
As the title - How do I complain a lawyer to the State Bar? California. Not my attorney but the opposing party's.
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
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
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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
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
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
i live in a house where a lawyer transfered title on the collecting of a 10 year old debt
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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
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?
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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
& 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
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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... View More
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
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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
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?
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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