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California Legal Malpractice Questions & Answers
1 Answer | Asked in Divorce, Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for California on
Q: Can an attorney without the approval of all parties change the terms of a signed mediated marital settlement agreement

After the mediated marital settlement agreement (MSA) was signed by all parties (enforceable pursuant to CCP 664.6) Without the approval of all parties Respondent's lawyer changed the terms of the original signed MSA, then presented the modified MSA as the original. In court Respondent counsel... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

Probably, but it depends on the circumstances. Were there two attorneys? Was there any communication between them as to the change, either by phone or in writing? It looks like the problem got resolved by the court throwing both out and placing the parties in a pre-agreement situation. Best... Read more »

2 Answers | Asked in Contracts, Appeals / Appellate Law, Civil Rights and Legal Malpractice for California on
Q: lawyer withdrew from case. sent letter of declining further representation, then withdrew the withdraw

lawyer filed my case in appeals on her decsion , then filed a motion to withdraw and sent me a letter declining further representation. then without my knowledge withdrew her withdraw. she is back on the case with out asking me. 1) doesn't she have to ask me if i want her to get back on the case 2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Mar 29, 2020

Since taking on the category of Legal Malpractice, I have received hundreds of calls from people relating the horror stories of what their attorney has done to them. My only take away, is that we can only speculate as to why any attorney does anything.

I would suggest, you spend a few...
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Q: How can I prove I am being harassed by the city

Code enforcement is harassing me. Now they are targetting my neighbor for helping me

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2020

You need a lawyer who knows how to protect your civil rights. Code enforcement harassment can result in liens against your property which then drive up your mortgage payments and can put you in danger of losing your home if you can't afford the new payments your mortgage company can force on you if... Read more »

2 Answers | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: My 15 year old son went to the hospital for alcohol poisoning. He had cuts and other drugs in his body. Is this legal?

The hospital let him go and didn’t even get PERT or a social worker to talk to him.

William John Light
William John Light answered on Mar 10, 2020

It's unclear what happened. You don't ask any questions about whether the person who supplied your son with drugs and alcohol might be responsible. You don't ask any questions about whether he has claims against others for the cuts on his body. Whether the hospital might be liable to someone for... Read more »

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1 Answer | Asked in Civil Litigation, Legal Malpractice, Libel & Slander and Probate for California on
Q: Can a defendant sue a plaintiff, her attorney & their witness for using perjured facts from a prior harassment case?

Can a defendant sue in a probate case if the complaint is based on Known libelous statements that was proven to be libelous in an unrelated harassment order case where the defendant in the current probate case was the plaintiff & the witness for the plaintiff in the current probate case was the... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

The standards are different for restraining orders than they are in a civil probate matter. When in doubt in a restraining order situation, the Court errs on the side of caution and grants the restraining order. In a civil matter, you have to prove more likely than not you are correct, and are... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can a NEW lawyer REVERSE what OLD lawyer already allowed to take place?

OLD lawyer never submitted new Affidavits denying former false statements. The Marchman Act was enacted on Dr. with NO physical proof nor professional misconduct, ONLY based on said bogus statements. Which in turn led to lawyer setting up probation for defendant, to save CA Medical Veterinarian... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 15, 2020

The answer to your question depends on the procedural status of your matter. Far more would need to be known to answer it. Often a subsequent attorney can find ways to cure problems caused by an earlier attorney, but if the matter has already proceed to a hearing and a determination has been made... Read more »

1 Answer | Asked in Civil Rights, Legal Malpractice and Libel & Slander for California on
Q: Invading privacy without consent... false light tort harrassment cyber stalking. Slander rebellious mal practice.
Louis George Fazzi
Louis George Fazzi answered on Feb 13, 2020

So, what exactly is your question? I've been practicing for over 42 years, and had never heard of rebellious malpractice before. You have me really wondering....

2 Answers | Asked in Civil Rights, Criminal Law, Legal Malpractice and Personal Injury for California on
Q: If i was drunk & rude seated &handcuffed when a police officer punched me in the face giving me a black eye legal?

Regardless of my stupid drunk comments, spitting, and being a total jackass how is it that an officer has no consequences for punching me in the face cutting my nose and giving me a black eye? I was SEATED AND CUFFED TO A CHAIR!! YET I am threatened with a felony

Dale S. Gribow
Dale S. Gribow answered on Feb 6, 2020

more info needed.

but NO not legal

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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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