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 
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.
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
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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
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
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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
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
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.
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
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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
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
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
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
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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
"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.
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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 -... View More
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
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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
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
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
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
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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
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
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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
Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.
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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... View More
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.
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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
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
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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
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
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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
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
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
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
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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... View More
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answered on Dec 14, 2023
En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More
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answered on Dec 10, 2023
Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More
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