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California Legal Malpractice Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: What is the Civil Filing Rejection Letter mean?

Received a letter from court. We already paid deposit in the early of June and did not receive any response from court clerk :no estimation of fee, no any response. When I asked court clerk last week, I was told the fee should be paid by e-filing only. The court issue a CIvil Filing Rjection... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 22, 2020

Your situation is being affected by the corona virus interference with the court's operations. Here's what you can do. Go to the Superior Court's website for the county in which your matter is filed. On the main page, there should be announcements about the effect of the covid-19... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Legal Malpractice and Real Estate Law for California on
Q: Can a paralegal sign a Proof of Service for someone else that served responses to the opposition and file them in court?

A Paralegal used her husband to serve legal documents to the opposing counsel days before a court appearance. Not an employee of the firm. Responses to motions were served to opposing counsel during after hours. The building was closed and according to the husband on the proof of service, he stated... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 20, 2020

A proof of service is signed under penalty of perjury, it must be signed by the person doing the actual service. Other than that there is no other requirement of status, like being an employee of a firm or paralegal service. If I were hearing this case I would postpone the hearing so the attorney... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I want sue my lawyer for malpractice

I paid a lawyer to get divorced and he sent my forms wrong and was rejected 3 to 4 times

William John Light
William John Light answered on Jul 19, 2020

A successful lawsuit requires that you have been harmed. I assume that your divorce has been delayed. If that is the extent of your "harm" it would not be sufficient to justify a lawsuit, in my opinion.

2 Answers | Asked in Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: If I'm not sober under the influence can I suspend bar for accident attorneys? Is my Justice evidence still available?

Where is a legal aid to assist me with this matter. To suspend these attorneys licences bar. Is my past criminal history still evidence proof still available?

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Please contact the LA County Bar Association for information on Legal Aid in Los Angeles.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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1 Answer | Asked in Criminal Law, Federal Crimes, Appeals / Appellate Law and Legal Malpractice for California on
Q: I was found NOT guilty of F CA pc§273 by a jury. Just saw a letter from a CO admin saying I was in prison for F CA pc273

(says 1,000 characters? )

This case is a complete judicial hissy fit retaliation for an over zealous peremptory challenge & setting precedent in a unique law.

I have the Filed jury verdict form stating I was found Not guilty of felony pc273. The pc120x.(?) 90-day-op admin CO... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2020

more info needed.

i am confused with the facts.

you should write out a detailed summary of the facts and contact a local lawyer for a consultation, most are free.

OR better yet, contact the lawyer who represented you.

s/he will be able to explain what happened and have all the facts.

1 Answer | Asked in Legal Malpractice for California on
Q: Someone filed a legal separation in a state I moved from and wasn't me. What do I do

I found out recently that in 2001 someone acting as me filled for a legal separation in car. Oct 2001. I moved with my husband in Feb 2001. To Philadelphia

Maurice Mandel II
Maurice Mandel II answered on Jul 4, 2020

Usually Courts monitor the cases that have been filed and issue Orders to Show Cause re: Dismissal of cases that have become stale and not acted upon. A case normally would not languish for 9 years without the Court doing something to close it. You should research the Court records for the Court... Read more »

1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

2 Answers | Asked in Legal Malpractice, DUI / DWI, Immigration Law and Cannabis & Marijuana Law for California on
Q: Info on Noe Mejia Calderon his ethics and moral standards
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on May 6, 2020

You can check the California Bar website (https://www.calbar.ca.gov/), any person who has been licensed to practice in CA is listed as is their status to practice law and any disciplinary action taken against them.

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1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
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Q: How can I prove I am being harassed by the city

Code enforcement is harassing me. Now they are targetting my neighbor for helping me

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2020

You need a lawyer who knows how to protect your civil rights. Code enforcement harassment can result in liens against your property which then drive up your mortgage payments and can put you in danger of losing your home if you can't afford the new payments your mortgage company can force on... Read more »

2 Answers | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: My 15 year old son went to the hospital for alcohol poisoning. He had cuts and other drugs in his body. Is this legal?

The hospital let him go and didn’t even get PERT or a social worker to talk to him.

William John Light
William John Light answered on Mar 10, 2020

It's unclear what happened. You don't ask any questions about whether the person who supplied your son with drugs and alcohol might be responsible. You don't ask any questions about whether he has claims against others for the cuts on his body. Whether the hospital might be liable... Read more »

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1 Answer | Asked in Civil Litigation, Legal Malpractice, Libel & Slander and Probate for California on
Q: Can a defendant sue a plaintiff, her attorney & their witness for using perjured facts from a prior harassment case?

Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can a NEW lawyer REVERSE what OLD lawyer already allowed to take place?

OLD lawyer never submitted new Affidavits denying former false statements. The Marchman Act was enacted on Dr. with NO physical proof nor professional misconduct, ONLY based on said bogus statements. Which in turn led to lawyer setting up probation for defendant, to save CA Medical Veterinarian... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 15, 2020

The answer to your question depends on the procedural status of your matter. Far more would need to be known to answer it. Often a subsequent attorney can find ways to cure problems caused by an earlier attorney, but if the matter has already proceed to a hearing and a determination has been made... Read more »

1 Answer | Asked in Civil Rights, Legal Malpractice and Libel & Slander for California on
Q: Invading privacy without consent... false light tort harrassment cyber stalking. Slander rebellious mal practice.
Louis George Fazzi
Louis George Fazzi answered on Feb 13, 2020

So, what exactly is your question? I've been practicing for over 42 years, and had never heard of rebellious malpractice before. You have me really wondering....

2 Answers | Asked in Civil Rights, Criminal Law, Legal Malpractice and Personal Injury for California on
Q: If i was drunk & rude seated &handcuffed when a police officer punched me in the face giving me a black eye legal?

Regardless of my stupid drunk comments, spitting, and being a total jackass how is it that an officer has no consequences for punching me in the face cutting my nose and giving me a black eye? I was SEATED AND CUFFED TO A CHAIR!! YET I am threatened with a felony

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

but NO not legal

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Will my son have a malpractice case or personal injury

My son was see in the ER for an infection on his right foot it was Swollen and painful the doctor cut his foot open and drained it but was not probably drained and the infection had gotten worse his pain was so out of control that we mad several visit to the same ER For the same reason I then... Read more »

William John Light
William John Light answered on Jan 16, 2020

If your son has a case, it would be for malpractice. Getting an MRSA infection is not, by itself, evidence of malpractice. You should contact a medical malpractice attorney to discuss the issue. Your son's medical records will need to be obtained from every ER where he was seen, as well as... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I posted a video complaining about the many issues in the company in a negative fashion can they attack me legally?

I briefly mentioned that I would sue them if I could if I had the money can they attack me on that. I was forced to resign

William John Light
William John Light answered on Jan 16, 2020

You can be sued for slander or libel if you published false statements of facts that damaged the company's reputation.

3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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