American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More 
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
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answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
If a matter is sent to Arbitration with 2 Co-Plaintiffs and a Co-Plaintiff is not made aware that they are negotiating for both parties, is the matter considered settled? If the Co-Plaintiff in the case is not able to attend the Mediation, but the documents, etc. are all made to appear as if only... View More
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answered on Apr 13, 2024
Under California law, a settlement agreement typically requires the consent and signature of all named plaintiffs in a case. If there are two co-plaintiffs, both parties should be aware of and agree to the terms of the settlement for it to be considered final and binding.
In the situation... View More
I've engaged a lawyer on a semi-contingency fee basis, whereby I pay the first $100k, and then he gets 27% of the potential award. After one year, during which he lost an appeal and billed me $99k, he filed a motion to withdraw. Can I demand a refund of the money I paid him?
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answered on Apr 10, 2024
In California, an attorney who withdraws from a case is generally entitled to keep the fees they have earned up until the point of withdrawal, as long as the withdrawal is done for a valid reason and in compliance with ethical rules. However, the specifics of your situation may warrant further... View More
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
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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... View More
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
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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
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
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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
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
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.
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
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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... View More
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.
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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
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.
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... View More
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
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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
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
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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
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
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
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
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
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
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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
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
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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
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
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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
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
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
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
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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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