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California Legal Malpractice Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If Judgment was entered and you file a Renewed Motion to Vacate, do you also have to file a Motion to Set Aside Judgment

In a Legal Malpractice case that went to Arbitration and then had the Award Confirmed in the trial courts, if you are then able to file a Renewal Motion on Motion to Vacate Arbitration Award for fraud, is it also necessary to file any other type of motion to set aside the Order already in place?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, if a judgment has already been entered based on an arbitration award, then in addition to filing a renewed motion to vacate the arbitration award, you would also need to file a motion to set aside the judgment that was entered.

The reasoning is that even if you are successful in...
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1 Answer | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: If writing a renewal Motion to Vacate Arbitration and new evidence is required does that mean I can do more discovery?

If a Judgement to Confirm an Arbitration Award is entered and you acquired new information worthy of a renewal Motion to Vacate Arbitration Award can you perform further discovery to support the Motion? Considering new evidence is required as a condition of filing the renewal? Thank you for your... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California, if you are considering filing a renewal motion to vacate an arbitration award based on new evidence, the rules governing arbitration and court procedures provide some guidance. Generally, discovery in the context of arbitration is more limited than in traditional court litigation.... View More

2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.

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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?

What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions,... View More

James L. Arrasmith
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answered on Feb 20, 2024

Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument,... View More

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Robert P. Cogan
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answered on Feb 15, 2024

It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 16, 2024

Some courts, for example San Diego, issue tentative rulings. The parties can either submit on the tentative or argue at the hearing. The tentative helps the parties to focus their arguments.

On Demurrer, often where the Court sustains, the Court will grant leave to amend.

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3 Answers | Asked in Contracts, Civil Litigation, Intellectual Property and Legal Malpractice for California on
Q: A Demurrer was issued a tentative order 02:15:24 Can this order be CHANGE during hearings? In Less 24hrs 02:16:2

The court allows Plaintiff 20 days leave to amend.

(II) Fraud in the Inducement

Calendar No.:Event ID: TENTATIVE RULINGS3053197 7

Page: 1

CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL

(III) Fraud in the Inducement

(IV)... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California courts, a tentative ruling is the court's preliminary decision on a motion before the hearing. It's important to understand that this ruling is not final until the hearing is completed. During the hearing, the parties involved can argue against the tentative ruling, present... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: What do I do if I have two attorneys who have abandoned me in a row.

I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

Attorneys have an ethical obligation to provide you with copies of your file within a "reasonable" period of time. 3-months is "unreasonable". Contact the California State Bar and open a complaint. Provide copies of your "certified" letters. The certified letters are... View More

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2 Answers | Asked in Personal Injury and Legal Malpractice for California on
Q: What do I do if I have two attorneys who have abandoned me in a row.

I have 2 PI claims with the first attorny. He abandoned me. I've seelnt 3 certified letters demanding communication and delivery of my file. No response for 3 months. The second attorneys is less bad but I never hear from him. As a result of the first attorney doing nothing making me do all... View More

James L. Arrasmith
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answered on Feb 21, 2024

It's understandable to feel frustrated and abandoned by your attorneys, especially when facing serious medical and financial challenges. In California, attorneys have a duty to communicate effectively with their clients and diligently represent their interests. If your attorneys have failed to... View More

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3 Answers | Asked in Civil Litigation, Contracts, Legal Malpractice and Personal Injury for California on
Q: I have a contract from a personal injury lawyer, but I am unsure if it is legally binding. The copy I have is not signed

"I discovered that the personal injury contract they gave me is a standard one. However, they had filed a lawsuit without my knowledge, and I later noticed some misconduct from the firm. Hence, I reviewed my contract only to find out that it was not signed by the firm.

James L. Arrasmith
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answered on Feb 21, 2024

Based on the information you have provided, it does not appear that you have a legally binding contract with this personal injury law firm if the copy you have is unsigned. Here are a few key points to consider:

- Under California contract law, a valid contract requires mutual assent -...
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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

William John Light
William John Light
answered on Feb 13, 2024

Nothing you have written indicates any of the criteria for tolling. You should have hired an attorney early in the process. Mental incapacity to qualify for tollingis more than a TBI . Unless you were a minor, or the defendant was absent from the state for some period of time, or the Defendant... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Legal Malpractice for California on
Q: Claim requires tolling provisions, fraud con. + mental disability. Denied rep. due to sol. Isnt that disab discr?

Hit-and-run left me with TBI. This injury has also prevented me from handling this case effectively, timely. On top of that, I was also denied access to police report until criminal sol expired. Report contained vital witness info/statements that identified driver. Keep being denied representation... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, the statute of limitations (SOL) sets the time limit within which a legal claim must be filed. However, certain circumstances may toll or pause the SOL, such as fraud or mental incapacity. If you believe that your mental disability prevented you from pursuing your claim in a... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: Did my lawyers commit legal malpractice when they closed my case without a right to sue letter?

In 11/2021, I filed a claim with the DFEH due to a wrongful termination/disability discrimination/sexual harassment matter with my previous employer. I retained M&Y Law Firm the same month. Attorneys at M&Y Law Firm discussed with me that after evaluating records, a class action wage and... View More

James L. Arrasmith
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answered on Jan 30, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill and care that a reasonably careful attorney would have used in a similar situation, resulting in harm to the client. In your case, if your attorneys closed your case with the DFEH without obtaining a right to sue... View More

2 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: How long must an attorney hold money in a trust brokerage account before they can just claim it them selfs

Have an issues with my recently hired then fired attorney who has been such a huge pain in my situation…. Well they have deemed them selfs as my voice when deciding to settle my case with out even as much as notifying me. So I filed a complaint against them with the state board. But now I’m... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, an attorney is required to hold client funds in a trust account and cannot claim these funds for personal use. The period for holding these funds is not fixed and depends on the agreement between you and your attorney, and the nature of the legal matter. Your attorney must promptly... View More

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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

James L. Arrasmith
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answered on Jan 26, 2024

In California, discovery requests in legal proceedings should be relevant to the case and not designed to embarrass, oppress, or harass the party receiving them. However, there are instances where discovery requests may cross this line.

Examples of such requests could include asking for...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Staying, denying notice of oral deposition - against oral deposition

Request about staying deposition on basis of duplication, irrelevancy, undue burden, data in the possession of moving party. While depositions are appropriate, the demands per CCP 2025.420 can be propounded in writing.

James L. Arrasmith
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answered on Jan 26, 2024

In California, if you believe that a scheduled oral deposition is unnecessary, you can request a stay on the deposition. To do this, you would need to file a motion with the court under CCP 2025.420, stating your reasons for the request. The reasons can include arguments that the deposition is... View More

1 Answer | Asked in Legal Malpractice, Estate Planning and Probate for California on
Q: In 2010 my father passed away, our cousin whom is a lawyer, said he would handle the estate for us for free.

My father retired from the railroad after 40 years of service and my cousin tried to tell me dad didn't have any life insurance. I just located at the State treasuries office unclaimed money in my father's name .premium payments of 600 bucks a month on two different policies . Do I have... View More

James L. Arrasmith
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answered on Jan 4, 2024

Under California law, if you believe an executor has not fulfilled their duties or has acted improperly, you have the right to take legal action. An executor is legally obligated to manage the estate according to the law and the wishes of the deceased, and failure to do so can constitute a breach... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Legal Malpractice for California on
Q: HOW DO I GO ABOUT PROVING THAT THE SALE OF REAL ESTATE BELONGING TO MY COUSION THAT PASSED AWAY, WAS NOT LEGALY VALID,

THE PROPERTY WASNT ADDED IN PROBATE. SO PROBATE DIDNT APROVE SALE. PLUS WHEN THE BUYER TRANSFERD PROPERTY THE LISTING AGENT NOR THE BUYER SUBMITED A STATEMENT OF FACTS OF DECECT OWNER, AND THE LAWYER HIRED TO REPRESENTED US , MISREPRESENTED EVERYTHING TO HIS BENIFIT . THE CIVIL CASE FILED A LIS... View More

James L. Arrasmith
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answered on Jan 2, 2024

To challenge the legality of a real estate sale in California, especially in a situation involving probate and potential misrepresentation, it's essential to gather and present clear evidence. If the property wasn't included in probate, documentation proving this omission is crucial.... View More

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?

1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?

Here:

2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More

Margaret Ann Sedy
Margaret Ann Sedy
answered on Dec 20, 2023

You can Demurrer and file a Motion to Strike at the same time. I would wait until the Demurrer and MTS are heard and ruled on before filing the Cross-X, because you don't file an Answer until the issues raised in your demurrer and MTS are resolved; if you don't know is "at... View More

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?

1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond?

Here:

2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint... View More

James L. Arrasmith
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answered on Dec 19, 2023

In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings.

1. When a defendant files an answer in response to a...
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