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California Legal Malpractice Questions & Answers
3 Answers | Asked in Criminal Law, Civil Rights, Education Law and Legal Malpractice for California on
Q: Is it illegal for a prosecutor to continue prosecuting a case if he has a conflict of interest?

The district attorney who prosecuted me for truancy of my 7 yr old daughter, his wife is my daughter's principal.

They chose to work together in disregarding the recommendation of a 504 plan from my daughter's child psychologist, which was made possible due to the DA's wife... View More

James L. Arrasmith
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answered on Apr 3, 2024

Based on the information you've provided, there are a few potential legal issues at play:

1. Conflict of interest: Under California law, a prosecutor must recuse themselves from a case if they have a personal interest that would compromise their impartiality. The fact that the...
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1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law, Civil Litigation and Trademark for California on
Q: Legal colleagues is The Court eavesdropping on this prior issue? Delmore 1st Demurrer was heard and given leave to amend

1st Demurrer was heard and given leave to amend to which an Amended complaint was served on us.

The Court here by (above ED) is given reason to substantiate unexpected complications.

Nonetheless; 2. We can't propose an answer to the revised version of the complaint, we... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, it does not appear that there is sufficient evidence to conclude that the court is eavesdropping on prior issues or intentionally creating complications in the case. While the scheduling confusion and procedural complications are understandably frustrating,... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for California on
Q: Civil Proceedures On: 02/15/2024 Tentative Ruling for Demurrer / Motion to Strike was published given 20 days to cure

Cont.THE COURT on 03/07/2024 enter; Demurrer/Motion to Strike (re)-scheduled for 06/07/2024 at 08:30:00 AM.

The Amended Complaint was duly submitted/w/POS (currently truncated). Our response to AC is Frozen.

Notes: Granted we demurred outside of procedural rules (abhorrently).... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information provided, it appears that you, as the plaintiff pro se (representing yourself), filed a complaint against the defendants who have legal counsel. The defendants filed a demurrer (an objection to the legal sufficiency of the complaint) and a motion to strike (a request to... View More

2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

James L. Arrasmith
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answered on Apr 1, 2024

In general, the use of motions in limine and the introduction of evidence in legal proceedings are governed by the rules of evidence and civil procedure in California. However, the specific circumstances you've described raise some potential issues:

1. Fairness and consistency: If an...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

It would be required to submit the award in a motion to confirm.

Motions in limine are to prevent introduction of evidence before a jury, not what is directed at the judge.

What is limited by a motion in limine is determined by what the court rules in the order on the motion.

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3 Answers | Asked in Legal Malpractice and Real Estate Law for California on
Q: how do i file a malpractice lawsuit against my attorney

breach of contract claim X.

My Atty grossly overbilled me.

My attorneys fees are 3x my claim.

My lawyer is compounding this error by now seeking to be relieved as counsel.

Knowing I have pending motions.

James L. Arrasmith
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answered on Mar 27, 2024

In California, if you believe your attorney has committed malpractice by overbilling or breaching the contract, you first need to gather all relevant documentation. This includes contracts, billing statements, and any communication between you and your attorney. Reviewing these documents can help... View More

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3 Answers | Asked in Legal Malpractice and Real Estate Law for California on
Q: how do i file a malpractice lawsuit against my attorney

breach of contract claim X.

My Atty grossly overbilled me.

My attorneys fees are 3x my claim.

My lawyer is compounding this error by now seeking to be relieved as counsel.

Knowing I have pending motions.

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2024

a lawyer, like you, has a right to quit.

have you talked to other lawyers?

does the case have enough value for a lawyer to pursue?

these are VERY expensive cases to pursue and most of my friends won't take a malpractice case for less than $1M

Remember, you can...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Why: My WC attny says doesn't know why WCAB handwrote 'joint' over 'proposed' in her filing;Does WCAB do hand adjusts?

Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More

James L. Arrasmith
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answered on Mar 25, 2024

It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More

2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

James L. Arrasmith
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answered on Mar 25, 2024

In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More

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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What does it mean: WCAB paperwork where "Proposed" order is hand-scratched out & "Joint" is written over it?

After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More

Ronald Mahurin
Ronald Mahurin
answered on Mar 25, 2024

When you write messages like this you are signaling to any future attorney that you are a difficult client, and perhaps why your prior attorney left. We don't need to know why you were unhappy, or how many mistakes your attorney made. You do not need to justify why you want another attorney.... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation raises several concerns regarding the conduct of your legal representation, particularly in the context of the Lemon Law claim you pursued against a car dealership. If your attorney was disbarred or suspended during the course of your representation, this could... View More

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1 Answer | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, when a court grants leave to amend a complaint and sets a deadline, the initial submission date is typically considered as long as the amendment is made within the permitted time frame. However, if the clerk rejects the filing due to technical issues, this can complicate matters. The... View More

2 Answers | Asked in Contracts, Civil Litigation, Legal Malpractice and Trademark for California on
Q: Civil Unlimited Superior Court on Demurrer/Motions/Sanctions Case reassignment process First Amended complaint

an application on Findings Order from demurring papers leave to amend in 20 days.

The Amended version was submitted on the 16th day. On the 19th day the clerk rejected the filing on a technical issue.

The technical issues was immediately resolved and resubmitted. Aft 3 more days the... View More

James L. Arrasmith
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answered on Mar 22, 2024

In California, the legal procedure around amended complaints and the timing of submissions can be complex. When you initially submit your amended document within the allowed timeframe, which in your case was within 20 days, you've adhered to the initial requirement. However, if the clerk... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

William John Light
William John Light
answered on Mar 21, 2024

I respectfully disagree with Mr. Selik. The attorney was representing the injured party in a personal injury case. Not a property damage case. It was not the attorney's duty to preserve or protect the car since he was not hired for that. Further, it does not seem that he could have done... View More

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4 Answers | Asked in Car Accidents and Legal Malpractice for California on
Q: Is it legal malpractice when a lawyer in an auto injury case doesnt contact the tow yard allowing the car to be sold?

This is after knowing the car was purchased by the person the attorney represents, that they had all credentials inside the vehicle when the accident happend, including the proof of the sale, along with the property of the new owner as they also resided in the car? And that after numerous attempts... View More

James L. Arrasmith
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answered on Mar 21, 2024

Under California law, legal malpractice occurs when an attorney fails to use the skill, prudence, and diligence that other members of the legal profession commonly possess and exercise. In the scenario you've described, if the attorney was informed about the importance of the vehicle and its... View More

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1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: If Plaintiff makes Policy Limit Demand on a burner policy, is insur. co. obligated to pay full or amount less costs?

Example: Defendant's insurance policy is a 100K 'burner policy' where defense of the claim lessens the amount for settlement.

If P makes a policy limits demand for 100K, and insurance co. accepts, does insurance co. pay 100K or 100K minus defense costs?

And is the... View More

James L. Arrasmith
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answered on Mar 18, 2024

In California, if the plaintiff makes a policy limit demand on a 'burner policy' — a type of insurance where defense costs reduce the policy limits — the insurance company's payout depends on the specific terms of the policy. If the insurance company accepts a demand for the... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: RUSH answer if possible! What is the sequential process of Withdrawal of Attorney vs Motion to be Relieved as Counsel

My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More

James L. Arrasmith
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answered on Mar 17, 2024

In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More

1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

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