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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for California on
Q: I filed a complaint and other sides demurrer is due tomorrow. How much time do I have to amend with facts and exhibits
Joel Gary Selik
Joel Gary Selik answered on Nov 29, 2021

CCP § 472 may so indicate:

472.

(a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the...
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1 Answer | Asked in Legal Malpractice for California on
Q: Wife’s Attorneys refusing to end lawsuit

Father in law had an accident at a hotel and became paralyzed. He started a lawsuit because his attorneys assured him it would be an easy win. He passed away and my wife took over the lawsuit. Long story short they misjudged the case and it has been extremely difficult and time consuming. My wife... Read more »

William John Light
William John Light answered on Nov 1, 2021

Offer to compensate the attorneys for their expenses. It's hardly fair to expect them to advance money on a case, expecting to be paid back at the end, and then after they have spent the money, tell them to walk away from it.

1 Answer | Asked in Legal Malpractice for California on
Q: Do attorneys sue other attorneys for malpractice? Mishandling a case? Not filing paperwork court documents timely?

Los Angeles city attorney did not file my court documents in time and missed an important deadline. Can i get help to sue ?

Joel Gary Selik
Joel Gary Selik answered on Oct 24, 2021

Thank you for your question.

Yes there are attorneys who specialize in suing attorneys, as I do.

The Specialist will need to know:

Name and City of Attorney and Law firm;

what the attorney did wrong,

your financial damages due to the malpractice,...
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1 Answer | Asked in Criminal Law, Family Law, Legal Malpractice and Probate for California on
Q: Is it legal for my father's probate lawyer, to conspire with the people I hired him to remove, also coerce my sibling?

I walked my probate attorney's office explained to him that I had evidence that the Administrator of my father's estate had a fraudulent credit card in my mother's name. That her and her lawyer where trying to steal most of my inheritance. I handed him $7500, requesting him to have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 23, 2021

much more info is needed.

it sounds like you are asking a probate question on a criminal site and most of us do not know probate law.

just because you hire a lawyer doesn't mean you will get 100% of what you want...

remember the other side did the same thing....
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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
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1 Answer | Asked in Criminal Law, Civil Rights and Legal Malpractice for California on
Q: Is this ineffective counsel? Malpractice?

Bailey v United States 2013 is about a man who had left his house just as it was about to be searched and was stopped, without probable cause, less than a mile away. The search warrant was valid and it was obtained based on the word of a confidential informant. Drugs and guns were found and Bailey... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 7, 2021

much more info is needed.

without ALL the facts it is impossible to answer your legal question with specificity.

you have a lawyer, who I assume knows the law, and s/he advised you of a course of action. I suspect there is a reason for that.

pose that question to your...
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1 Answer | Asked in Legal Malpractice, Contracts, Copyright and Criminal Law for California on
Q: If I reveal that I saved sensitive info my boss wanted gone, what are the legal ramifications?

I may or may not have a copy of sensitive information (I work in security) which my boss asked me to delete completely. If I reveal publicly that I have this information, what should I expect to happen from a legal standpoint?

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

more info is needed.

I suspect you had a Federal job and signed an agreement when employed, that you don't want to violate.

I am not a Federal Criminal Lawyer, but I would bet that disclosing the info would be a criminal offense, and could lead to your arrest and prosecution....
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1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Legal Malpractice for California on
Q: Can I sue a free legal aid lawyer for failure to deliver legal services and working/talking with the plaintiffs attorney

She failed to go to my court date to emergency xparte to appeal a judge's default decision on a unlawful detainer due to my absence on the original court date. She then later mislead me by saying that the judge wouldn't appeal his decision even tho my landlord hadn't gave me any... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

You are entitled to terminate your relationship with your attorney at any time. Sorry to hear you are having such problems regarding your living situation at this difficult time. Legal Aid attorneys usually deal with defending indigent people (people who cannot pay for legal services) against... Read more »

Q: I need a lawyer to represent me in a case against the juvenile detention agency in san Diego county
Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

A California attorney could advise best, but your post remains open for two weeks. You could continue to await a response here, but it could be difficult for an attorney to reply - this is only a Q & A board. Some options you could consider include looking into sites that do operate as attorney... Read more »

1 Answer | Asked in Consumer Law, Legal Malpractice and Federal Crimes for California on
Q: If a lawyer separates settlement money from the awardee by investing the funds which end up being diverted is it legal?

Is the refusal to release the funds to the client by investing or stalling embezzlement?

Scott Richard Kaufman
Scott Richard Kaufman answered on Sep 15, 2021

Sounds bad. The BAR can answer this for you, given more specifics.

1 Answer | Asked in Civil Litigation, Legal Malpractice and Libel & Slander for California on
Q: Can a pro se litigant get sanctions against a Plaintiff that keeps filing frivolous motions etc?
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Usually "sanctions" mean your attorney fees. So, not unless there are particularly unusual circumstances. Perhaps you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Does my employer have the right to harass me (just me specifically) for proof of vaccination as I work in a

I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 8, 2021

I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.

You say you think the...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Legal Malpractice for California on
Q: Judge “reconsidered my case but my attorney never responded or even told me, I found it on my own Fresno county Odyssey

This was a property ownership dispute & it went to court as a eviction but my attorney made several mistakes & the judge told her right there in court in front of me, I assumed she knew what to do & she said “I got this” to me but dropped the ball & me when I found the docs on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 31, 2021

more info is needed.

however, it would make sense to contact a possible legal malpractice attorney in your area to see if it was indeed malpractice.

if it is too small for them you can always sue in small claims court for up to $10k............and you can contact the State Bar.

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: Is it legal as a 15 year old to watch 15 year old porn online fictional tv show characters??
Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Assuming the definitions, the answer is no. It is, at least, two criminal violations

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... Read more »

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1 Answer | Asked in Legal Malpractice for California on
Q: hello, Is there a time limit to file a malpractice against a probate lawyer

My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a... Read more »

Kenneth Sisco
Kenneth Sisco answered on Jul 6, 2021

The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can I deduct my litigatiocosts from the settlement I receive even if the costs where incurred under a different attorney

I had two attorneys on a contingency fee. I paid all litigation costs out of my pocket as they arose. No attorney has a claim against me. The case took place in CA.

.

My first attorney had to quit due to his health issues. My second attorney tells me that the costs I incurred under... Read more »

William John Light
William John Light answered on Jun 29, 2021

Your post was directed to California forum, although the post indicates that you are in Florida. You may wish to consult Florida attorneys. In general, your retainer agreement with the new attorney governs. If the attorneys fees is to be calculated on the gross recovery, then your costs... Read more »

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