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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Will my son have a malpractice case or personal injury

My son was see in the ER for an infection on his right foot it was Swollen and painful the doctor cut his foot open and drained it but was not probably drained and the infection had gotten worse his pain was so out of control that we mad several visit to the same ER For the same reason I then... Read more »

William John Light
William John Light answered on Jan 16, 2020

If your son has a case, it would be for malpractice. Getting an MRSA infection is not, by itself, evidence of malpractice. You should contact a medical malpractice attorney to discuss the issue. Your son's medical records will need to be obtained from every ER where he was seen, as well as the... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: I posted a video complaining about the many issues in the company in a negative fashion can they attack me legally?

I briefly mentioned that I would sue them if I could if I had the money can they attack me on that. I was forced to resign

William John Light
William John Light answered on Jan 16, 2020

You can be sued for slander or libel if you published false statements of facts that damaged the company's reputation.

3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not retrieved... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state...
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1 Answer | Asked in Contracts, Civil Rights and Legal Malpractice for California on
Q: I was injecting crystal meth not sober with all accident attorneys.

So incompetent not sober I read the law book caljic3.31.5 illegal. I got evidence proof not sober criminal history. They were all seeking advantage of me white collar crime. Ability to suspend their bar licences at the state bar of ca?

William John Light
William John Light answered on Jan 9, 2020

Maybe, if you have some evidence. Testimony, alone, from a meth user probably won't be very persuasive.

1 Answer | Asked in Contracts, Landlord - Tenant and Legal Malpractice for California on
Q: My fianceand I leased a housefor 1 year. She has since moved out on around beginning of Dec. I still live in the house

. I was under the asumption shes basically abandoned her access and Say so concerning entering without my permission.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

What is your actual question?

1 Answer | Asked in Business Formation, Business Law and Legal Malpractice for California on
Q: Is there anything legal that can help i feel as if they are committing a crime as a shady business

I bought furniture from ashleys and it was delivered damaged. Called the same day and filed a complaint. Yet they want to send a tech fo my house to bring it up to manufacturing standards. They want to fix it instead of swaping it with a new one. And they denied my request to swap for a new one . I... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Jan 5, 2020

The short answer is to let them know that if you do not get "what you paid for" … then you will want to post an adverse review on Yelp and to take them to small claims court to get your money back and/or to receive what you paid for.

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: My employment attorney was granted a motion to be relieved as counsel can I object or stop my case being dismissed

I have a retaliatory and hour and wage case set for trial and my attorney filed without my consent a motion to be relieved can I fight it and what forms

Neil Pedersen
Neil Pedersen answered on Dec 23, 2019

Your question is a bit confusing. The headline says the attorney was granted the motion to be relieved. The question however suggests it is still a pending motion.

Yes you can try to oppose the motion, but there are strict deadlines for doing so. However, the only real basis you would...
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1 Answer | Asked in Legal Malpractice for California on
Q: Filed a motion to disqualify opposing counsel for Ethical misconduct. The state bar also has opened up a case against

This attorney. How do I know if the court reviewed my motion and declaration? How do I know if he’s going to grant or deny my motion and how long does opposing counsel have to respond.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

You can never know how much attention the Court gave to your papers. If they were properly filed ad formatted, then the odds are quite high that they were fully considered. The opposition is generally due 9 court days before the hearing (start at the hearing date, don't count the hearing date,... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for neglagents... Read more »

William John Light
William John Light answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Legal Malpractice and Criminal Law for California on
Q: In California, is it legal to take coins out of public fountains?

It's technically picking up dropped change, isn't it? (i.e. taking coins from the fountains in malls, shopping squares, or parks)

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

No, you don't want to do that. A court would not treat it as picking up dropped change off the ground. Whether in California or any other state, that money is not free for the taking. Your post remains open for five weeks, but a criminal defense attorney could advise you more meaningfully on the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for California on
Q: Ineffective assistance of councel How to sue PD office. How to file motion to dismiss. Sue the planiff for perjury

Filing false police report.

I've been denied my civils by the PD at least 30 times. How to fix this? They are just extorting me and flipping me the bird. I've paid over a $1200. Court fees. Had been harassed by the sheriff's. Had 11 cases going on in 2018. Took me to jail 2 or 3 x. I never... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 17, 2019

more info needed.

I would write out in detail the issues you have and ask the judge if they would appoint a court-appointed lawyer for you........not in the PD's ofc.............your PD might even help you with that as I assume they want to conclude their representation.

few lawyers...
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2 Answers | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Legal Malpractice for California on
Q: All jurors awaiting in the front of courtroom. District Attorneys witnesses were there as well. Witnesses kept making

Loud negative insulting statements about the case, the DA was there during these outbursts then she went inside court while these comments intimidated anyone in their presents others (witnesse's friend) came to speak to these witnesses about the case also.

Dale S. Gribow
Dale S. Gribow answered on Oct 16, 2019

more info needed

discuss this with your lawyer who has all the facts.........it may be grounds for a Mistrial?

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3 Answers | Asked in Legal Malpractice for California on
Q: Is my lawyer double dipping ?

Case was settled , per our agreement lawyer took 40% however prior to having the accident , i had a supplemental insurance that i paid into for years in case bills werent covered due to an accident. Lawyer is now demanding 40% from my supplemental and 40% from the settlement. The check was put in... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2019

more info needed.

sometimes a lawyer gets more than the client.

did retainer say 40% of any money recovered?

i don't do that but some lawyers are piggish.

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3 Answers | Asked in Legal Malpractice for California on
Q: I helped a friend with his auto accident claim.

I am a retired claims adjuster. My friend lost his wife in an auto accident. I went with him to an attorney and while the attorney was deciding whether to take the case my friend asked me to help and write a settlement demand, which I did and he signed, which was accepted. The claim settled over a... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 5, 2019

it very well could be but the facts will determine. this time hire an attorney to discuss this with you.

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1 Answer | Asked in Legal Malpractice for California on
Q: My situation is completely similiar almost exactly the same. I have to serve them papers but who do i serve legally
William John Light
William John Light answered on Sep 30, 2019

Similar or exactly the same to what?

2 Answers | Asked in Civil Rights and Legal Malpractice for California on
Q: What is the best path when a city enters you home using force, then lies to court.
Gary Kollin
Gary Kollin answered on Sep 27, 2019

Fight it first in criminal case

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1 Answer | Asked in Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: My last court appearance was in front of a judge who has an inactive license. Who should I notify?

The case was switched to a new courtroom with this judge presiding the day before my court date.

Louis George Fazzi
Louis George Fazzi answered on Sep 27, 2019

Judges, who are appointed to the bench, do not need an active license to practice law because when they take the bench they are not acting as a lawyer at all, but as a judge.

It is none of your business as a party before the court who or what the judge is or may be. However, every party has...
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1 Answer | Asked in Legal Malpractice for California on
Q: How would you cite this case?

Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)

I can’t find case law on it since it’s fairly new, but how would I cite it? Can’t find too much info on it

William John Light
William John Light answered on Sep 12, 2019

It depends on the court in which your case is filed, but you can find the general style rules here guides.library.lls.edu/c.php?g=497703&p=3407469. Check your court for specific citation rules.

I'm not certain that Janjua has an official Cal.Rptr. citation yet, so you might just have to...
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3 Answers | Asked in Contracts and Legal Malpractice for California on
Q: Who do I sue?

If a law firm employee has admitted in court to forging my signature on a fee agreement of terms that were 4 times higher than what I agreed to in the actual fee agreement....do I sue the employee or the attorney?

The court did order all fees (over $30k be refunded to me) but that still... Read more »

William John Light
William John Light answered on Sep 11, 2019

If a law firm forged your signature, then a complaint to the State Bar is warranted. It is possible that the law firm is responsible for your damages, i.e., what you lost as a direct result of the fraud. That would include the principal, interest, and potentially emotional distress. It does not... Read more »

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