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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice for California on
Q: After filing basic legal malpractice pro se paperwork & having the atty served, Judge set trial next year. How long--

How long do I have to file the long form paperwork? Or do I not have to YET? The atty made a comment about his needing a responsive pleading extension. This made me think he was going to file something then I would have an atty handle the rest, but I haven't heard or received anything. Now,... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 11, 2022

It is very common for the defense to file a demurrer instead of an answer. It does not mean you screwed up. Even if you did, most mistakes can be fixed on amendment.

1 Answer | Asked in Legal Malpractice for California on
Q: How does one disbar an incompetent judge?

This judge may have dementia.

Joel Gary Selik
Joel Gary Selik
answered on Jan 17, 2022

In California there is a governmental agency dad overseas judges and discipline the judges.

https://cjp.ca.gov/

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for California on
Q: Where does it say in California law that a trustee must maintain trust assets (i.e. rental property for beneficiary)?

In this situation, rental income is to be used for the beneficiary's Special Needs Trust. There is a home that needs to be cleaned and rented yet the trustee has not done anything to take control of the property, clean and get it back on the rental market. I feel this is a breach of his... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 17, 2022

Anyone, with good reason, can petition the court to have the trustee replaced. Failure to fulfill the fiduciary duties is a good reason for replacement.

2 Answers | Asked in Federal Crimes, Legal Malpractice and Probate for California on
Q: An Attorney falsified his billing to cover up trust documents in my favor. Where should I file a complaint?
Joel Gary Selik
Joel Gary Selik
answered on Jan 15, 2022

In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

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1 Answer | Asked in Legal Malpractice for California on
Q: 3 months into a case a lawyer asked for a second incident date we never stated, said can’t proceed without!

In lawsuit draft lawyer states dates that have nothing to do with our case, stated use of wheelchair when we stated use of walker! Politely asked false info be removed and then once again asked for 2nd date that does not exist which we refused to furnish!

Joel Gary Selik
Joel Gary Selik
answered on Jan 8, 2022

Mistakes of facts in lawsuits may not matter at all and it may not be worth amending the complaint.

If there were not two incidents, but the lawyer thinks there is, this could be a sign of miscommunication. Ask the lawyer to discuss the case.

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 5, 2022

more info is needed and should be shared with the med mal lawyer that you should call in your area.

there are possible statute of limitations issues..........so don't sit on your rights...or you lose them.

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1 Answer | Asked in Legal Malpractice for California on
Q: How can one disbar an incompetent Judge with cognitive issues?
Joel Gary Selik
Joel Gary Selik
answered on Dec 31, 2021

There is an agency that disciplines judges

https://cjp.ca.gov/

1 Answer | Asked in Legal Malpractice for California on
Q: Other than Bar complaint, no consequences for awful legal malpractice if I win Mandamus reinstatement? Even though....

I know that Mandamus reinstatement mitigates legal malpractice damages. 1.) BUT, that horror cost me 2 1/2 years of my life & much legal fees. Other than the Bar complaint, the atty gets away w/ it & I'm stuck w/ 2 1/2 yrs of my lost life & a lot of legal fees? Continuing... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 30, 2021

So sorry to hear what you have been through.

While there are not enough facts to positively answer your questions, some information can be provided.

While there may be mitigation, that does not mean that there is no case, it only means that damages may be less than if mitigation was...
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1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... View More

Neil Pedersen
Neil Pedersen
answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... View More

Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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