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California Legal Malpractice Questions & Answers
1 Answer | Asked in Health Care Law, Legal Malpractice, Libel & Slander and Medical Malpractice for California on
Q: What are my rights for my father who past away on 4142017,I have a advance care detective including power of attorney

Before my father past away he clearly stated in St Joseph hospital and in front of 3 witnesses that he wanted me to have everything that he owned and clearly stated to family and wife that his truck was to go to me,before he past away on March 312017,two days after he was admitted into the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 11, 2017

You can report forgery to the police. You can initiate probate proceedings to deal with his assets/ debts via court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

2 Answers | Asked in Legal Malpractice for California on
Q: If I want to go to trial in an injury case does my lawyer have to pursue a trial?
William John Light
William John Light
answered on Apr 28, 2017

If you don't consent to settlement, then there is no settlement and the case proceeds to trial. If you reject your attorney's settlement advice, he or she may stop funding the costs of your case and request that you provide funds necessary to cover the costs through trial. That can be... View More

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1 Answer | Asked in Gov & Administrative Law and Legal Malpractice for California on
Q: Can you sue a lowyer for not doing as wat he was supposed to do and denying contact with us?

Tried calling him calls get foward. Never showed up to my finaces court date to re-percent him when he said he was.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

You can terminate the lawyer and hire a new one if you want to. As for a fee dispute, it depends on the facts of the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Adoption, Juvenile Law, Legal Malpractice and Small Claims for California on
Q: they lost my notice of intent to file writ of extraordinary petition

dependency court - private attorney failed to find writ and pursue it do i have legal recourse to refile writ after 4 years

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: the juvenile court lost my writ of extraordinary petition is this grounds to file a writ of habeas corpus

had a private attorney at the time who did not charge me on billing when i asked him about this

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 10, 2017

The timing issue is the problem. You'd need to prove why you waited so long and whether you had reason to know about the problem earlier. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Government Contracts, Employment Discrimination and Legal Malpractice for California on
Q: Can I move case out of state in case of collusion? I don't live where case is filed. How can I proceed?

Is an employment issue. I appreciate any advice.

Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 9, 2017

You can seek remedies such as sanctions motions or motions for recusal if there is collusion or another such injustice in your case, or you may seek a transfer of venue to another court in the same jurisdiction if applicable. But jurisdiction is not a dynamic notion and thus cannot be changed. More... View More

1 Answer | Asked in Consumer Law and Legal Malpractice for California on
Q: Who is responsible for passing smog? Dealer or the buyer?

I recently purchased a used vehicle signed and everything was good. A month later dealer contacts me to take my vehicle for a smog test, to receive my plates. Once In their possession car begans to brake down and smog does not pass. Who is responsible for the expensses?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 5, 2017

Once you bought the car, the duty to pass smog is yours, unless you have a warranty from the dealer that says otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Consumer Law and Legal Malpractice for California on
Q: My prior attorney is verbally threatening me over a negative review. What lawyer should I get to advocate for me?

He is threatening and calling me names, is offering a mutual release to pay me back but I do not want to waive my right for harassment charges as he is not trustworthy and might be retaliating against me.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

Are you stating falsehoods in your review? If so, that would be defamation. Otherwise, I see no reason that would prevent your right to review the lawyer, based on your facts here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Employment Law, Civil Litigation, Elder Law and Legal Malpractice for California on
Q: Settlement was agreed to by former employer, my Co-D & Plaintiff, absent consent or knowledge from myself, in Pro Per.

I was terminated for complaining about work conditions & violations of laws, spec neglect in July, 2 weeks after being promoted & by the SVP who threatened me to stop complaining. I ret atty(who seems to be $ out as he turned on me within the last few weeks, and has more info on case then... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 27, 2017

Your facts are vague. Perhaps you should hire a lawyer or use self-help resources at your local law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

2 Answers | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: How to set aside dismissal w/prej issued before hearing on a probate pet'n for tee fraud (no due process)?

In 2013 petition filed against ttee proved enough fraud for the ct. to order ttee to account. Ttee would not comply w/discovery order & delayed, knowing the judge would be transferring. Plan was to keep complainant & further evidence out of court & keep the new judge in ignorance of the... View More

Bruce Adrian Last
Bruce Adrian Last
answered on Mar 7, 2017

Where you would file your motion to relieve yourself from a judgement or whether an appeal is required would depend on what court entered the order or judgement. That is a Hawaii court (as a general rule) cannot relieve someone from a state court judgement. A Federal court cannot (again, generally)... View More

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1 Answer | Asked in Legal Malpractice for California on
Q: My lawyer says I have to pick up the copy of my file at his office. I said I'd pay to ship to my home. He's refusing to

I have been asking for 4 weeks to get my file & my lawyer has crazy excuses. It's a 15 min. copy job, or 30 min. scan to file job. It's a reasonable request, & easy to box up, & ship or put CDs of scans in envelope & mail. He wants $1,000 to download JUST emails. I said... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

He has to make it available to you. By saying you can pick it up at his office, that suffices. He can charge you for his fees and expenses to copy and send it to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for California on
Q: I need some facts about things I feel will come up that aren't included in the basic info re: Post Judgemt claim to ROP

Can I please get some carefully explained instructions of how to implement a post judgment claim to right of possession effectively? The sheriff will be here Wed 1/22/2017. I just found out by accident they are coming. Thank GOD my name is not on the writ, no doe nothing. I didn't hear back... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

How are you trying to evict somebody if you're not the landlord and not even a party to an unlawful detainer case? If you're the sublessee, what are you trying to do. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Legal Malpractice and Real Estate Law for California on
Q: Good day. My question is regarding the landlords responsibility to deal with a tenant that is harrasing another tenant.

Originally our ossue with another tenant was that they would accuse us of stealing there things and of stepping in their boundary in the back yard. They have a tent in the backyard that takes up a whole side of the backyard and they claim that area is off limits. Unfortunately for us to access the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 22, 2017

Your landlord is legally required to ensure your right to quiet enjoyment, as such is implied in any residential rental agreement. This means your landlord must ensure that the other tenants are not violating such rights. You can remind your landlord about this duty. Otherwise, you can sue. You can... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I need to find the best appropriate lawyer I can find that would be interested in taking my case.

I am suing Janus of Santa Cruz with the lack of professionalism of giving birth to my child on the sidewalk after I was refused transportation and lack of medical care and almost had a stillborn baby. Then Janus proceeded to threaten me continuously about not being able to say anything about what... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

Talk to a member of CAOC who handles medical cases--they give free consults. Juries aren't often big on claims of Mental suffering, so make the claim but heads up a lawyer won't be too excited about that.

If I may suggest you may want to check out a PTSD therapy called EMDR. No...
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1 Answer | Asked in Contracts, Foreclosure, Collections and Legal Malpractice for California on
Q: Are there any class action lawsuits going on in California against Vanderbilt Mortgage co.? If so I'd like to join it.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

See: https://dockets.justia.com/search?query=Vanderbilt+Mortgage+and+Finance+Inc

Also check the dockets of your local county court and the CA Supreme Court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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1 Answer | Asked in Divorce, Family Law and Legal Malpractice for California on
Q: HELP why has judge NOT signed QDRO after having for 8 weeks now?? Is there timeframe?

Been 8 weeks since sent QDRO for Judge to sign (3rd Judge in my case, dissolution filed Jan 2011 Stip. Oct 2013). I call clerk only to be told Judge is 'reviewing' and my question is reviewing what? Over 6 year divorce and I am over it already. Do not understand what the hold up is and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

It sounds like you should be represented by a better lawyer. Perhaps there's a problem with your filing, or the judge is not doing his/her job. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can... View More

2 Answers | Asked in Criminal Law, Personal Injury, Legal Malpractice and Wrongful Death for California on
Q: attn, got partial disbursement on his own and they sent me junk 3 party ck that I couldn't cash so I then made a request

for less money to me 35k and 15k to attn. who had said he needed more and he changed my request to get me 50k and him 15k now he has gone thru that and says needs more and I suggested taking some from the final disbursement coming soon but he started the whole SNAFU on his own and surprised me with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Your facts are vague and need clarification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: can a doctor without diagnosis for patient

I Chronic Trombosis IVC now do to no treatment after kidney removal

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

1 Answer | Asked in Sexual Harassment and Legal Malpractice for California on
Q: NEED AN ATTORNEY ON A CONTINGENCY, PRO BONO, OR PAYMENT PLAN.

Is there any such thing as filing against previous attorney for legal malpractice for damages incurred by him not filing the proper documents, then accepting a no fault mediation settlement without my consent, when I wanted her criminally charged for fraud and embezzlement and making me sign papers... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

Perhaps you can find a lawyer to take your case on a contingency. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

1 Answer | Asked in Legal Malpractice for California on
Q: Is it worthwhile to pursue a legal malpractice claim if my case was only worth a couple thousand dollars?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It depends on the facts as to whether you even have a claim. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and... View More

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