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Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85870
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hi,paul l just sent my question on the reply spot. read and

Resolved Question:

hi,paul l just sent my question on the reply spot. read and give your opinion. thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Yes, I saw it and answered you.
Customer: replied 1 year ago.

Hi,paul


Are you there. l have some more question.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, I am here.
Customer: replied 1 year ago.


Hi, paul


l have already sent my question. can you see it.

Expert:  Law Educator, Esq. replied 1 year ago.
No, I do not see it, sorry. Can you post it here? Thanks.
Customer: replied 1 year ago.


ok. l will send it again.

Expert:  Law Educator, Esq. replied 1 year ago.
I think I found it, go and check.
Customer: replied 1 year ago.


good

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.
Customer: replied 1 year ago.

you said. you found my question. did you?

Expert:  Law Educator, Esq. replied 1 year ago.
I don't think I did, I am not seeing it and it may have been another repeat customer's question I found. Can you please use reply here and ask it again. I apologize for the inconvenience.
Customer: replied 1 year ago.

still l did not get answer for my question. l am going send it again.

Expert:  Law Educator, Esq. replied 1 year ago.
PLEASE, use reply to this question to send it, just like you keep replying to tell me that you did not get an answer.

Use REPLY to this and post your question in that reply so we do not have to keep dragging this out.
Customer: replied 1 year ago.


Mr. paul


How come you don't see my question anymore? it is wired.


let me tell you again. my uncle gave 80.000 dollars check to Mr.A as investement. l contributed 20.000 dollars out of 80.000. Mr.A walked away with it. l filed law suit against Mr.A but my uncle didn't. From the evidence l provided to the court the 80.000 dollars casher check is included. Now Mr.A asked my lawyer to ask me how much money l am demanding from Mr.A? In this case am l supposed to ask only part which is 20.000 out 80.000 dollars or should l ask for all 80.000 dollars. which is both my uncle and me?

Expert:  Law Educator, Esq. replied 1 year ago.
You can only ask for your money, since you do not have a right to represent your uncle in any lawsuit, your uncle has to represent himself or get an attorney to represent him. You have to prove that $20,000 of the $80,000 check was your money to be entitled to it since your uncle was the one who gave Mr. A the check.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.


The defendants who went to Ethiopia has a lot of answer for a lot of question l have when the hearing is due.He is the master mind of this crisis. Does he has the right to appear by phone from Ethiopia? The case is complicated and The network for Ethiopia is very poor. Can l demand this defendant to appear in person rather than phone from Ethiopia? He has to appear for the case management conference and hearing. twice. so give me your opinion. thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
He does not have a right to appear by phone, this is something that is up to the judge as to whether or not to allow it and you can demand that he appear in person, especially if he is a party to the case the court will order him to appear.
Customer: replied 1 year ago.

To serve in Ethiopia it is going to cost me 1,500 dollars. you said l can do it myself through my brother in Ethiopia. l knew l have to take the affidavit to the America Embassy in Ethiopia for Notorizing. Can you tell me the form number for the affidavit? can l load the affidavit form on line?

Expert:  Law Educator, Esq. replied 1 year ago.
It is POS 010 form on the CA forms site or at the self help desk at the court. See: POS-010


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.

Hi, Paul


l decided to serve the defendant in Ethiopia through my brother. So in this case l will send the summon,the complaint,pos-010. l will fill out the form and the rest my brother. what is exactly brother supposed to do. does he takes the pos-010 form to embassy before he serve or after he serve this guy. what the Embassy does to the form. Notorizing?

Expert:  Law Educator, Esq. replied 1 year ago.
yes, your brother would have to fill it out and get it notarized after he serves him.
Customer: replied 1 year ago.


Can you tell me what my brother should give to the defendant and what my brothrer should receive from defendant when serving the defendant? l don't see any spot for the defendant to sign on the pos-010 form. so how the judge knows this defendant was served is there is no defendants signature? Does my brother has to give the copy of form pos-010 when he serve? My brother has to have a copy of the defendant signature right?

Expert:  Law Educator, Esq. replied 1 year ago.
Your brother needs to serve him a copy of the suit and summons, your brother does not need a signature from the person and does not need anything from the party being served. That is why there is no place for the defendant's signature, because they do not need to sign. Before you do this, your brother needs to check the laws in Ethiopia to make sure he is following THEIR law for serving this person.
Customer: replied 1 year ago.

Hi,Paul


My lawyer respond to some of the questions l ask and


ignored some of the question l ask. when one of the defendant went to Ethiopia l told my lawyer before and after this defendant leave and he did not do anything about it because he has hidden deal. Now he is acting like he did know about it. NOw l have similar problem. l sent him e-mail saying no defendant appear by phone without my approval and especially the one left for Ethiopia and he doesn't acknolwedge my e-mail and l know my e-mail is ignored deliberatley. when times comes he is going to tell me oh. l did know that is what you want. l did not get your e-mail. He is trying to have the defendant who went to ethiopia escape from the hearing or appear by phone. This is the person who has a lot of answer for a lot of question l have. The net work for Ethiopia is very poor. There is no way to have someone appear by phone in Ethiopia. Now What should l do? shall l go the court and tell this or shall l write a letter and send him with certified mail. that way he doesn't deny. what l have to do?

Expert:  Law Educator, Esq. replied 1 year ago.
You need to send him a certified letter and you also should schedule a face to face meeting through his secretary and tell him in person.
Customer: replied 1 year ago.

thank you. This is regarding the same question about not to allow defendants to appear by phone. Can l send a notorized letter beside certified mail to my lawyer. can l do both? That way he can not deny and say he did know l told him this.

Expert:  Law Educator, Esq. replied 1 year ago.
You do not need a "notarized letter" there really is no such thing. You send it certified return receipt requested.
Customer: replied 1 year ago.


Hi, Paul. question.


l got hurt at kaiser during the care l received and it cost me time,money suffer and sustained life long health issue. it happens about 9 month ago. what should l do. shall l try arbitration? or mediation? l have bad experience with arbitrator even if l have the best case in the world. l lost trust in the arbitrator especially giving my blackness. let me what you think is best for me.

Expert:  Law Educator, Esq. replied 1 year ago.
Arbitration/Mediation is close to the same process. First, if they injured you during your care, this is a malpractice case and you are going to have to have a medical expert to first write a report that the injury was a result of their treatment. Then you need to file a medical malpractice suit. I would not suggest arbitration, because their decisions are almost impossible to reverse if needed. Either court or mediation to try to settle the claim is the way to go, since mediation is not binding.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.


l had arbitration with my lawyer recently and the arbitration was non-binding


so there is non binding arbitration and mediation.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, there is non-binding arbitration, but it usually ends up costing you more money, because the losing party inevitably ends up going to court anyhow and mediation is cheaper.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85870
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Mr. Paul


l have problem with my lawyer still. l told him to get me order for publication from the court for three defendants and he got me order for publication only for two defendants on purpose. trying to put me on default. now l keep begging him to get me for the person he did not get and he keeps telling me tomorrow and now he is telling me he cannot going to court until next week and the court gave us dead line . it takes at least one month to complete the publication and he knew that. who can l call and ask to tell him to do it right away? As l mentioned this to you before this lawyer has hidden deal with the defendants. He sent one of the master mind defendants to Ethiopia deliberatley. Now what should l do to get this publication order? can l go to the court and ask ? l think the court communicate only with my lawyer right? If it is possible l want to go myself and ask the judge.

Customer: replied 1 year ago.

hi, Mr. paul l sent you a question on the reply box. can you see it ?

Expert:  Law Educator, Esq. replied 1 year ago.
This sounds like you need to tell him that if he does not do what he is supposed to you are going to go get an order for publication on the third person and file a malpractice complaint on him. At this point you may want to get your own publication order and then you need to consider looking for a new attorney and also filing a malpractice complaint against this attorney who is playing games with you. You can get the order by filing a motion to dismiss this attorney, who you should have dismissed a long time ago when you suspected he had a deal.
Customer: replied 1 year ago.


Hi.Mr. Paul.


my lawyer couldn't get me order for publication from the judge. Is it possible for me to go to court and speak to the judge and get this order for publication my self? l gave him proof of attempt to serve the defendnats and he is supposed to submit that to the judge and get order for publication to serve defendants by news paper since we couldn't locate them.

Expert:  Law Educator, Esq. replied 1 year ago.
It is up to the attorney to find out what more the judge wanted to issued the service by publication and tell you what more is needed. You cannot speak to the judge I am afraid, that would be impermissible ex parte contact and the judge cannot speak to you. It is up to your attorney to explain to you what more you need to do in order to go back to court to get the order for service by publication, which may require use of a professional process server first, since you have to exhaust every reasonable means to serve the party first.
Customer: replied 1 year ago.

so far three process server tried to locate these people and they couldn't find them. l think l tried my best to locate these people. The problem is that when my lawyer is not doing what he is supposed to do l should be able to take over and do what l want to do. Is there any way to tell the secretary and communicate the judjge through the secretary if not the judge.

Expert:  Law Educator, Esq. replied 1 year ago.
You have to find out from your attorney why the judge would not approve the service first, before you do anything, since the secretary cannot communicate with the judge for you.
Customer: replied 1 year ago.

Hi,Mr. Paule


The broker promised me to short sale my house before the end of this year but now it is not possible. Now If not closed by the end of this year the IRS will come after me for the difference. l talked to another relator and he told me they can do a government short sale and l don't have to worry if the short sale is completed netxt year l will not liable for the TAX. IRS will not come after me for the difference. Is that true. Is there a government short sale? Can you find out? The broker l higher spent a lot of time already. If l switched to another government sale person what would be happen with the broker l am working with now. Are they going to come after me?

Expert:  Law Educator, Esq. replied 1 year ago.
The realtor is correct, there are tax offsets for those involved in a HAFA (Home Affordable Foreclosure Act) short sales where the amount forgiven is written off on your taxes and you do not pay tax (presuming that the Congress does pass the budget preventing the alleged Fiscal Cliff from occurring that tax break will continue).

If you have a contract with the current broker, they can come after you for breach of contract and their fees unless you prove it was they who breached the contract with you as grounds for you switching brokers.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.

Hi,paul


Are you around. l have a medical malpractice case and l submitted the complaint document for a couple of lawyers and all of them gave me different reason and decline but they did not say l don't have a case. The statue limitation is very near and l am thinking l have to formulate the case myself on the declaration form and file it myself to keep the statue limitation off the table. what do you think. l can do it the way the attorney doing it. l can follow another case how lawyer formulate and formatted cases .

Expert:  Law Educator, Esq. replied 1 year ago.
You can file your own suit, but you will need to get to the court library to get the form books to see the format for a malpractice complaint. Also, you are going to be required to have expert testimony regarding the doctor breaching the standard of care in treating you and in your complaint you are going to have to state that you have a doctor who is going to attest to that breach of duty of care.

We cannot unfortunately write the complaint for you and because of copyright laws we cannot post anyone's complaint online, so you have to go to the court library and speak to the librarian about the form books.
Customer: replied 1 year ago.

HI. Mr. Paul one month and 2 weeks only left since l had injury at the hospital because of malpractice and negligence. l notice l have to give intent of notice to sue to the hospital 90 days before l sue. That means l can no longer sue? or l can st

Expert:  Law Educator, Esq. replied 1 year ago.

If you do not give the notice of intent to the hospital within the 90 days, you could not sue if you miss the 90 day time period to give them notice.

Customer: replied 1 year ago.

how about if just file it and wait 90 days before they knew about it.

Expert:  Law Educator, Esq. replied 1 year ago.
You need to have given them notice. Civil lawsuits do not occur through ambush, this is why they have discovery rules. It is all about full disclosure to the parties.
Customer: replied 1 year ago.

Yes l agree. l have two month left. l can file now and l can still give them 90 days notice of intent to sue. How about that? l can file but l can stil wait before they knew about it. right?

Expert:  Law Educator, Esq. replied 1 year ago.
You need to give them 90 day notice first and then sue after. There is no rush to file suit, the notice though if you miss it would bar a suit. So there is no need for you to rush to file the suit and you still need a medical expert to testify it was malpractice.
Customer: replied 1 year ago.

what form should l use to give them a 90 days notice of intent to sue?

Expert:  Law Educator, Esq. replied 1 year ago.
There is no particular form. It is a letter describing each act you allege is malpractice and describing the damage suffered from their malpractice and the value you claim for that damage if known and you conclude the letter stating "this is the official 90 day notice of intent to sue as required by law."
Customer: replied 1 year ago.

so l can just write the notice of intent to sue on any plain paper and submit ? To who l am supposed to give the notice of intent to sue letter? To the hospital administrator where l received care? thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, it is simply a letter to the director of the hospital with a copy addressed to their legal department.
Customer: replied 1 year ago.

Hi,Paul


l am trying to find a draft form to use to formulate a medical malpractice case. How can l find this?

Expert:  Law Educator, Esq. replied 1 year ago.
There are no "draft forms" for filing a medical malpractice suit, I am afraid. These suits are drafted from scratch because they are all different and dependent on the facts of the case. Here is a sample medical malpractice suit format from Maryland, so you can see what one looks like only. See: Maryland Sample Malpractice. Here is a Generic Malpractice Sample you can edit.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 1 year ago.

Hi, Paul


my lawyer couldn't file a motion to amend and file the first amended document.


Can l do it myself if you send me a sample please. Time is running. thanks. T.T

Expert:  Law Educator, Esq. replied 1 year ago.
If you are represented by counsel, you cannot file motions or documents in the case, your attorney has to file them. Why can't he file? He would have to file the motion in his name. Also, I am sorry, but these legal forms are not just something we can post here because of copyright issues, you have to get them from the local court library form books.
Customer: replied 1 year ago.

Hi,Mr. Paul


l am trying to formulate the case myself for medical malpractice. l need some help. The event happened in kaiser hospital,Vallejo california. so in this case what is the jurisdiction would be? Vallejo? where is the agent for process serving? where is its principal place of business.?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes the jurisdiction would be Vallejo. The agent for service is whoever is listed when you call the Secretary of State's Office and ask them for the agent for service of process as that is where they are listed. The principal place of business is their address of their main building in Vallejo. You have to call the CA secretary of state's office and they will have to look up the agent for service.
Customer: replied 1 year ago.

Hi,Mr. Paul


one of the defendant file a demur and the hearing is tomorrow. Do I have to appear also? l knew my lawyer will be there. Thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
It is up to your lawyer as to whether or not he needs you there. If you are represented by counsel and he will be present then you do not have to be present unless your attorney needs you or wants you there. If it were my case, I would be there no matter what to make sure I knew what was going on.
Customer: replied 1 year ago.

l did not finish my question. my lawyer is trying to get one of the defendant out of this case because of the hidden deal he has with this defendant. he even told me openly to get her out of this case. Now after a long time fighting with him he file a motion to get order for publication and it was denied because the judge think we did not search for her enough. l did skip trace again and attempt again but nothing found. now do l have to file a motion again to get order for publication or l can just file proof of skip and trace and proof of attempt only? because we already file a motion before. my lawyer is reluctant to do anything when it comes to this defendant.

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, in order to get an order for service by publication you must show you have exhausted all reasonable efforts to locate the defendant to serve them. This means subpoenaing the other defendants who may know her location and also potentially hiring a professional process server to attempt to locate her before he court will approve the service by publication. You have to make reasonable efforts to find her and document those efforts to the court and a regular "skip trace" is not usually going to be sufficient, there have to be some physical efforts to locate her for service.
Customer: replied 1 year ago.

Hi, Can you send me a sample draft to file a motion in court to get order for publication. a motion to get order for publication was filed once before do l have to file again for the same person? The judge just wants us to try to serve either by publication or in person by march 30. time is running out to do publication because it takes 30 days to do publication. l did try three address already. nothing found but l don't think my lawyer file any of the proof of attempt because l don't see it posted. please help me.

Expert:  Law Educator, Esq. replied 1 year ago.
It is form CIV-108, here is a sample from LA County.
Customer: replied 1 year ago.

Hi, paul


thanks for the sample but l have hard time to get for San Francisco because the sample you gave me it say los angeles. l googled it and it keep saying los angeles. Can you find for San francisco. not the sample just real one.

Expert:  Law Educator, Esq. replied 1 year ago.
SF does not appear to have their form listed online where I can see it I am afraid and we are limited to provide people only what we can find links to. You would have to call the SF self help center to get them to send you the form for SF or you will have to modify the LA form and change it to say SF, since these forms are supposed to be accepted state wide.
Customer: replied 1 year ago.

can l white out the one it say los angeles?

Expert:  Law Educator, Esq. replied 1 year ago.
You can, but call the SF Self Help desk or the SF Clerk first to see if they can send you one specifically for SF. If you are going to white it out, you need to print the form and white it out and neatly put in SF and make another copy to fill out to file, so it does not look a mess with the white out.
Customer: replied 1 year ago.

Hi,paul


l notice a different form for sacramento it says Ex Parte application for order for publication summons,points and authorities and declaration. is this the one l should use or the one you sent me? the two are different.

Expert:  Law Educator, Esq. replied 1 year ago.
The ex parte form can be used if you have other defendants that were already served in the case or you can use the LA form if no defendants were served in the case.
Customer: replied 1 year ago.

There are multiple defendants and most of them are served. so in this case to serve one defendant who is hiding by publication,l can use ex parte form to file a motion to get order for publication right? thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
No, you need to file the regular motion for service by publication and send a copy to all of the other defendants.
Customer: replied 1 year ago.

Hi,question


This is regarding medical negligence and malpractice. l gave my grievance and 90 days notice of intent to sue to the facility where l got hurt and 30 days l after they received my letter they sent me the result of their investigation and their conclusion. Of course they did not say they are at fault even if they knew they are. they recommend to send the grievance letter l have to the independent medical review. they also put the address and phone no. of the independent medical review people for me to use. their letter also says if l don't consult with independent medical review l may give up my right against them. They also said if the independent medical review people favor to my grievance they will pay the compensation. on their letter they did not say the injury l got was not preventable and they did not say it is the complication of the procedure. They said, when you were discharged you were ok. This doesn't mean anything. after l left l did not go anywhere and the problem was growing since l was discharged. so my question is do l have to use the independent medical review personnel they gave or l have to find another independent medical review. the one they gave me may be they are advocating for their interest.

Expert:  Law Educator, Esq. replied 1 year ago.
You have to have SOME independent medical review and expert report to succeed in any medical malpractice case. You do not have to use their independent review panel, but you have to have some doctor who can attest that they were the cause of your harm and that they acted below the standard of proper care such that they would be liable to you.
Customer: replied 1 year ago.

Do you have any independent medical review personnel you know in mind or can you help me searching? thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
I am afraid we cannot suggest or make personal referrals to anyone it is against site rules. You would need to find a local doctor to review your case and give you their medical opinion and be willing to testify.
Customer: replied 1 year ago.

HI,Paul


question. l found the right address of one defendant and l sent the server to this person to serve the summon and complaint. The server found this person at the address l gave but this person refused to identify himself and deny that the person we are looking for lives in that address. He was the person we are looking for but the server couldn't do anything. so The server just returned without serving and without identifying this person or who ever is living in that house. The land lord also refused to give the identity of people living in that house. A week letter l sent another server to the same address and that address was vacant. so What is the solution to the person hiding like this?

Expert:  Law Educator, Esq. replied 1 year ago.
I am afraid that the server cannot do anything without positively identifying the person he was serving. You have enough to seek to get the court to allow you to have service by publication in the paper, but once you get a judgment trying to seize property of this person may be a complex matter if they keep moving around.
Customer: replied 1 year ago.

Hi,Paul


l gave my grievance to my health plan and they denied my claim and recommended to forward my complaint to independent medical review before l file a law suite. l typed on the google search to find independent medical review and l found the following. State of California Department of Inusrnace Health claims Bureau in Los Angeles and it say application for independent Medical review. Can you confirm this for me if this is right one? thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
That is one potential independent medical review you can file for, yes.
Customer: replied 1 year ago.

Hi,Paul


Per my health plan recommendation l gave my complaint and claim to independent medical review to evaluate my claim against my health plan hospital since my Hosptial didn't admit one of their staff made malpractice. My health plan said that if the independent medical review favor to my claim they compensate me. If the independent medical review doesn't favor my claim can I still take my complaint to legal remedy? Can l still file in court?

Expert:  Law Educator, Esq. replied 1 year ago.
If you do not have any independent medical expert testimony that the doctor acted below the reasonable standard of care in your matter, then you would not be able to prove a case of malpractice in court. See: Mann v. Cracchiolo, 38 Cal. 3d 18, 694 P.2d 1134, 210 Cal. Rptr. 762 (1985).
Customer: replied 1 year ago.

How about if the independent medical review finding is not in favor of my complaint and claim? Can l still take the case to court?

Expert:  Law Educator, Esq. replied 1 year ago.
No, if they find against you, it would destroy your claim, because that can be considered medical expert testimony saying there was no malpractice.
Customer: replied 1 year ago.

Hi,Mr pay


l have already serve one of the defendants with publication but now l found this person when l was trying to serve his mother-in-law. Can l still serve him in person even if l have already served him with publications?

Expert:  Law Educator, Esq. replied 1 year ago.
You may indeed still serve him in person even though you served by publication and it is best for you to do so as the court prefers personal service anyhow.
Customer: replied 1 year ago.

Hi, l received a feed back letter from independent medical review 5 7 days after l submitted saying thank you for submitting your application for an independent medical review (IMR). Although you submitted an application for an IMR, we have determined that your case qualifies for our department's standard complaint process. The types of disputes that can be submitted and resolved through an IMR are limited to clinical determinations of certain medical services. a copy of your complaint was forwarded to kaiser Foundation Health plan. We asked the health plan to thoroughly review all of the issues contained in your complaint and to respond to us in writing. we will evaluate the information you and the plan provide and will send you our written decision within 30 days. What does this mean?


plus to this the one year statue limitation is march 25/2013. That is the day the problem happened. So Do l have to file in court before that day or l can still file after the 25th of march 2013. thanks

Expert:  Law Educator, Esq. replied 1 year ago.
It means that they are not going to investigate it in house and are going to leave it to the health plan to investigate and you will need to file by March 25 to preserve your complaint regardless of what their findings are, because they can delay it beyond the statute of limitations and blame it on your late filing for the review as to why you went beyond the statute of limitations.
Customer: replied 1 year ago.

Hi,Mr.paul


l a have questions. Two of the defendant's lawyer gave a document to my lawyer and my lawyer gave it to me. it says special interrogatories,set one to to plaintiff Mr.D which is me and please take notice that pursuant to the provisions of California code of civil procedure 2030.010,defendant, Dar pacific investment,inc hereby request that plaintiff, Mr. D which is me submit a written response within thirty days of service of these special interrogatories. There are 72. questions asking documents and information regarding my allege plus asking all kind of question to answer including my present and past history including the school,the birth place, it is an overwhelming questions for me to answer.


This 72 question is just from one defendant's lawyer.


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
I believe that the number of interrogatories far exceeds the 35 allowed under CA rule 2030.030: (a) A party may propound to another party either or both of the following: (1) Thirty-five specially prepared interrogatories that are relevant to the subject matter of the pending action. (2) Any additional number of official form interrogatories, as described in Chapter 17 (commencing with Section 2033.710), that are relevant to the subject matter of the pending action. (b) Except as provided in Section 2030.070, no party shall, as a matter of right, propound to any other party more than 35 specially prepared interrogatories. If the initial set of interrogatories does not exhaust this limit, the balance may be propounded in subsequent sets.

2033.710. The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the truth of any relevant matters of fact for use in any civil action in a state court based on personal injury, property damage, wrongful death, unlawful detainer, breach of contract, family law, or fraud and for any other civil actions the Judicial Council deems appropriate.

Thus, if the interrogatories total exceed the limit, you only have to answer the first 35. You do need to go through them with your attorney to determine how many you have to answer. However, you will have to answer the interrogatories I am afraid.



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Customer: replied 1 year ago.

Hi, Paul


It says Request for admission


 


Request for admission No.1 - Admit that you have no facts supporting your contention that propounding party committed fraud as alleged in your fifth cause of action in your complaint herein.


 


Request for admission No.2 - Admit that you have no facts supporting your contention that propounding party committed fraud as alleged in your sixth cause of action in your complaint here in.


 


There are a total of 46 questions similar to the above question.


 


From the previous 36 questions some of them asked me if l have history of felony,misdemeanor and so on. l think these question are personal and are not relevant to this action.


 


my lawyer just gave it to me today and the due date is only one day away.


so l think my lawyer is trying to put me on default have the case dismissed. l just went to his office to day to pick up forms and all the sudden he handed this to me and told me he needs it by tomorrow. to fill out all the information and to collect the requested document it will take three weeks and there is no way for me to do all this in half day because l am also at work. since the due date is already passed l am just leave it as it is. what do you think? my lawyer gave me almost after the day of due date.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Okay, admissions are different than interrogatories which are limited. You have to admit or deny each one or if you have insufficient information to admit or deny you would state that.

You need to answer them on time or everything is deemed as admitted, so you have to get them answered as it is likely too late to get an extension of time to answer and it is likely the other party will not agree to give you more time to answer the admissions.

As far as the questions about misdemeanors and felonies, you can object to those based on the grounds of relevance.
Customer: replied 1 year ago.

Hi, Paul


There are 38 questions saying request to produce from No.1 to No.38



All of the 38 questions are asking documents from me. It is only one day left. so how l am going to do this? My lawyer is doing this on purpose because he has hidden deal with the defendants. what should l do now. shall l go to court and tell them what happened and ask for more time?

Expert:  Law Educator, Esq. replied 1 year ago.
Those are requests for production, you can get an extension on those as you just got them. The only thing you MUST get in on time is the requests for admissions. The interrogatories and production you can make your attorney ask for an extension on.
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Customer: replied 1 year ago.

Hi,Mr. paul


Can you tell me what form to use to extend the production of document and the interrogation. can you also tell me a little bit what l can write. The defendant filed a demure the hearing is set for March 20. how about the admission? there is no way l can do this in one day either and you told me the admission has to be done right away. after l did the admission, am l going to file it in court or l am going to send it back to the defendant's lawyer. thanks. t.t

Expert:  Law Educator, Esq. replied 1 year ago.
It is a regular motion form and your attorney is supposed to be filing it. For the extension you write that they were only received by you the day before they were due and it was impossible for you to respond properly and in time.

You have to do the admissions ON TIME and you need to send a copy to the other party and you DO NOT file them with the court, BUT you go and ask the clerk of court to stamp your copy with you proof of service to prove you sent them off on time.
Customer: replied 1 year ago.

question. For all these interrogatories questions, what paper should l use to write my answer? just on the plain paper?


 

Customer: replied 1 year ago.

Hi,Mr.paul


am l required to answer requests for admission from the defendants lawyer too? l am answering the interrogatories also.l did not get a chance to go over with my lawyer on the request for admission. he gave it to me on the due date. There are 28 requests for admission. l just answered to the ones l most comfortable with. l am going to send it to my lawyer with e-mail attachment. am l doing the right thing. l have trust issue with my lawyer. let me know.


 

Customer: replied 1 year ago.

Hi,Mr. Paul


Did you get my questions? l am waiting for response.

Customer: replied 1 year ago.

Hi,Paul Are you there?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry for the delay, I was out of town with a client. The interrogatory reply should look identical to the interrogatories you received as far as format. You number each response and type your answer.

Yes you are required to answer the requests for admissions and you only answer, "admit" or "denied" or "Insufficient information to admit or deny."

You do have to trust your attorney with helping you answer them, because they know your case best.
Customer: replied 1 year ago.

Hi,Paul


How do l prepare summon for medical Mal practice law suite? Do you have a sample you can send me or form.

Expert:  Law Educator, Esq. replied 1 year ago.
The summons is the same for any other summons. In CA it is form SUM-100, which is on the CA court forms website (I apologize but this thread has been going on for awhile and I cannot find or recall which state your suit is in but I thought I saw it was in CA above).
Customer: replied 1 year ago.

Hi,Paul


The court is California court. Is medical malpractice under family law,criminal law,civil. l am confused.


Can l use summon form sum-100? for malpractice case. How about which proof of service form to use. form pos-010?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, the SUM 100 and POS forms are general forms used for all cases. Medical Malpractice is a civil law claim and it is a civil law tort that is a specialized form of negligence, which is a civil tort.
Customer: replied 1 year ago.

HI, MR PAUL


ON THE CM-100 FORM


THERE IS A QUESTION SAYING. NO. OF CAUSE OF ACTION? I THINK IT IS TWO. MALPRACTICE AND NEGLIGENCE. I AM RIGHT?

Expert:  Law Educator, Esq. replied 1 year ago.
Malpractice is a specific form of negligence for anyone with a professional license, so really it is malpractice and to check negligence would just be repetitive.
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Customer: replied 1 year ago.

Hi,paul


I have a problem to get order for publication for one of the defendant because of my lawyer hidden deal he has with the defendant. when he apply he wrote there is no good cause of action against her despite what all good cause of action l gave him.


 


Now. l have to do it myself with your help. It says application to serve defendant by publication denied for the following reasons.


#1. plaintiff failed to show good cause of action.


#2:The affidavit supporting plaintiff's current application must include allegation,based on personal knowledge of the underlying facts. that a cause of action exists.


#3: plaintiff failed to provide two copies of an adequate proposed order for publication of summons.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, but if the court has denied your motion for service by publication already, which is what the above says happened, you need to seek to reword the application and include the elements of the case against her more specifically and clearly and your affidavit must show how you witnessed the actions in your affidavit. You would then have to file a motion to reconsider the denial. You are going to have to get these from the court library as they are not online forms or copy the ones that your attorney already filed and you have to re-write your petition and affidavit to clarify any of the errors or misstatements made in your first application.
Customer: replied 1 year ago.

Hi, Paul


My lawyer is complaining l gave him to many defendants.


l am thinking to take three defendants from him. these defendant are served with publication except the one it is denied without prejduce. with your help l think l can manage to do these three defendants myself. Is there a lot of things to do in here? l think my lawyer already file a default and what else?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. The problem here is your attorney needs to sit with you to evaluate which defendants should he removed or taken. Those would be the ones with the weakest cases against them typically. This is all you can do, is have you and your attorney objectively evaluate your case against these defendants to make a correct determination.
Customer: replied 1 year ago.

Hi,Mr. Paul


l have a big problem with my lawyer now. l hired him about 6 month ago. the agreement l had was that l will pay and serve defendants myself and he will take care of the rest like bringing the defendants to court. The fee l am supposed to pay and l paid already is flat rate 5,000 dollars. Now Because of the hidden deal he has with Mrs.T. he e-mail me the following. Mrs T. was collecting rent payment from my house after l purchased and took the title of the house from her. she was asked to return but she refused. l attempted about 4 times to serve her but l couldn't. l have proof of attempt. l asked my lawyer since we couldn't server this person we have to apply order for order for publication to serve this woman by publication. Despite l 4 proof of attempt and good cause against this woman. my lawyer did not submit 4 proof attempt or explained all the effort l did on the application. In fact he wrote opposite. He wrote Mrs. T doesn't have cause of action because of the hidden deal he has with her. He repeatedly told me to take her out just because of too many defendants despite l have good cause of action. The judge denied the publication because of this. Look what he e-mail me the day before yesterday. l cannot continue this. l have to turn him to california state board to get the money back so l can hire somebody. After he finished collection the 5,000 dollars with little work he did, he e-mail the following.


He e-mail me this because the application for order for publication denied for the second time and my lawyer is the reason for the denial.


Here is the his e-mail. "This has become an absurdity. Moving all this case from dept 302 to 501and just kicking things aside,like a leave to amend motion. what garbage. What a wast of time. This case needs to be settled. l need to get Mrs.T to talk to her son-in-law Mr. M who is also defendant and put this case to rest. It has way too many unnecessary defendants,and you will never see a dime from anyone,and half of them are totally peripheral. Two knucklehead ripped you off. Get the money from them. and if you do not settle,you'll get nothing but a bunch of wasted time. This case should be put to rest. l implore you to take $20.000- or 30.000 as a realistic number, and let's get this case settled and over. you will never see a nickle otherwise, and the San francisco court has its head so spun around because of budget cut, it is making this case an joke. This is incredible wast of time. All these joke process servers,and other con artists. It is time to end this case. Take what a little money you can get, and move on with your life. you never get money out shysters,never. l am not messing around with this any longer. It is time to get to the reality. Get a new law suit to pursue. This is absurd. "


Hi. Paul.


This is what My lawyer telling me after he finished collecting the 5,000 dollars and because of the hidden deal he has with defendants and he is withdrawing. where should l turn my lawyer to get the money he didn't work for? To California state board? or l have to tell him to file motion to with draw and go from that. or l have to tell judge? He is communicating with defendants l couldn't serve. l asked to get their address or server their attorney he is communication with and he not willing to do that.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. It is amazing an actual licensed attorney would write this to you. Yes you need to report him to the state bar and also consider taking his advice about finding a new lawsuit to pursue, against HIM for malpractice.

You will need to find another attorney to step in I am afraid and show them everything this alleged attorney did and get your case back on track.
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Customer: replied 1 year ago.

Where is the state bar? Can l go to San Francisco? When l hired this lawyer he told l have a good case and he will get me my money from these defendants. now you read what he wrote to me. opposite. Also what we discussed and what the contract he wrote and had me signed is apple and orange.

Expert:  Law Educator, Esq. replied 1 year ago.
Here is the information on the CA Bar Disciplinary, http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx

If he is not abiding by the contract, then this is also breach of contract and part of your malpractice complaint.
Customer: replied 1 year ago.

Filing a complaint is a long process. This lawyer is damaging and abandoning the case. The complaint hot line you gave me is in LA and they take at least 30 days to review the complaint and get back to me especially with this budget deficit. l want someone l can sit with and talk to and show this e-mail in person. Is there a local state Bar in San Francisco where l filed the case? thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Yes, filing a complaint or doing anything in law is a long process, but there is only ONE state bar in CA. You have to report it to the main bar and they have investigators set up throughout the state who they assign complaints to for investigation. You have to go through the regular complaint process through the state bar and wait for them to assign the matter I am afraid. You have to follow the bar's complaint process.

Your other alternative would be going to a local legal malpractice attorney for review and to consider suing this attorney for his conduct in your case. You can find a legal malpractice attorney at the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org.
Customer: replied 1 year ago.

l have a question. l have small claim hearing with my ex-lawyer. l asked my current lawyer to go with me and give testimony regarding his finding about my e-lawyer job performance. He said he will go with me but he is not willing to tell me the charge l will pay for his time. Now l just got a call from the court saying my current lawyer must appear to give testimony about his finding on my ex-lawyer job performance. l am assuming he trying to charge me a lot. l may or may not get any money out of this court and l am afraid l will lose more money paying for my current lawyer for nothing. how much do you think he has to charge me or l have to pay him. it is one hour drive one way for him to get to the court.

Expert:  Law Educator, Esq. replied 1 year ago.
I am afraid you have to work out the cost with your attorney, but if it is necessary for your case you will need him. Generally, attorneys charge about $250 per hour, but you need to at least find out what he will charge you per hour so you can get a general idea.
Customer: replied 1 year ago.

Hi,Mr. Paul


last time l mentioned to you regarding the interrogatories and admission requests. l answered those question by myself because my lawyer is not willing to go through it with me. Now the defendants sent me a letter to sign just to confirm my answer. it says as follows.



 


verification


 


I, Teshome Tarekegn declare as follows.


l am the plaintiff in this action l have read the response to defendants request for admission - set one and know the contents therein. The same is true of my own knowledge except those matters stated on information


and belief, as to those matters l believe them to be true. l declare under penalty of perjury under the law of state of California that the foregoing is true and correct. signature -----------------------------------Date----------


 


This is what my lawyer want me to sign and mail it to the the defendants.


it is three. one for admission, interrogatories and produce


so can just sign and mail it. thanks t.t

Expert:  Law Educator, Esq. replied 1 year ago.
This is a verification of your answers and this is done because you likely did not have your answers signed and notarized when you submitted them.
Customer: replied 12 months ago.

Hi,Mr.Paul


#1: Can you send me sample of how to formulate default. My lawyer supposed to formulate and file default for two defendants l couldn't find and serve. Thanks.


 


#2: The first amended complaint was served to Mr.Jay and Mrs.Jay.


The first amended complaint is amended again and l have to serve the second amended complaint to Mr. Jay and Mrs. Jay.


Mr. Jay left for Africa after the first amended complaint is served to him. Mrs. Jay is still living in the USA close to were l live. Now l can serve Mrs. Jay without any difficulty but how l can serve Mr. Jay? can I serve his wife Mrs. Jay? Mr. Jay left for Africa on purpose to avoid the law suite. l don't know where he lives in Africa. He has hidden deal with my lawyer. thanks.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.

1) I am afraid that formulating default judgments for any customer is beyond the scope of what we can do and it can end up violating the copyright laws. I hope you understand. We can answer specific questions about your default motion, but cannot formulate it for you.

2) You can seek to us domiciliary service on Mrs. Jay for Mr. Jay if they generally live together and he has not left the country for good. Domiciliary service is serving him at his normal place of residence to any competent adult.
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Customer: replied 11 months ago.

Hi.Mr. paul


l have hard time to have my lawyer signed the second amended complaint so l can file and serve it. l sent the last page of the complaint via e-mail attachment for him to sign and send it back to me by e-mail attachment but read below what he e-mailed me back.


 


" If l sign it is not an original and you can file at the window. If you file a fax window service,it doesn't have to be original. it can be a copy. call me at the house when you get up. l am leaving at 6:50. l am in Merced for deposition of police officer and will not be back until this afternoon. l have been in court all week and not office at all. trial and trial and now deposition." Is he telling me the truth? why he want me to call him? he never answer his phone either. it is almost a month now since the judge told us to file and serve the second amended complaint but this is what he is doing. he wasn't responding for days now he is saying this to me. what should l do?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question.

He is correct, any window filing must have an original signature. However, if he signs it and faxes the signed sheet back to you or emails a signed sheet back to you, then you would have to fax file the complaint because you have no original signature. Your alternative is to go to his office in person and get him to sign in person.



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Customer: replied 11 months ago.

Mr.Paul


can you pleas explain what you mean when you said, you would have to fax file the complaint if he signs it and fax the signed sheet back to you or email the signed sheet back to you. because you don't have original signature. That means l can file it by fax once he signed and e-mail me back the last page of the complaint document l e-mailed him. How can l file by fax and how can l get the copy of the filed complaint by fax? How do l know the fax no?


 

Expert:  Law Educator, Esq. replied 11 months ago.
That is correct, you would have to call the clerk of court's office for their fax number so you can fax the entire complaint in once he signs the page and sends it back to you.

The explanation is simple, if you want to file in person at the window, your complaint must have an original signature. If he signs the emailed copy and mails it back to you with his original signature then you can do that. If he emails you back the copy with his signature you do not have an original signature and cannot file it at the window, you have to call the clerk for their fax filing number and file the complaint by fax.
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Customer: replied 11 months ago.

Hi, Mr. Paul


l have to amend the complaint. what form should l use to request amendment? Can you send me the form or sample. thank you.

Customer: replied 11 months ago.

HI,Paul.


l failed the complaint and l am supposed to serve defendants by May 15. Defendants didn't know l filed in court. Now we are in the process of trying to resolve the issue with out going to court. My question to you . Can l postpone serving the defendants. Can l ask the court to postpone the serving until l know the result of of our negotiation ? The case management conference supposed to be in July.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your follow up.

You have some options here really. First, you can file a motion for extension of time to serve, which you should use as a last resort. Second, you can speak to the attorney and ask him to accept service of the amended complaint with a waiver of service (which gives him an extended time to file any answers) and tell him as long as negotiations are going on you will stipulate to grant him another extension of time to answer as well. You need to send him the waiver of service in writing, because if he refuses the waiver of service, then you move to the third option. The third option is you serve him in time and if he has refused the waiver of service, then the defendant is liable to pay for your costs of service.

It is best to serve him now and let him know you will be reasonable as long as they are negotiating in good faith. This way it does not have to involve the court with an extension as courts want good cause and they will ask that since you are in contact with the defendant why you could not just get a waiver of service so you will have to answer to that.



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Customer: replied 11 months ago.

Can you tell me the form l have to fill and file to request extension of service. Actually the defendant is a hospital and a health personnel. they denied my claim but the department of health service and the managed health organization is reviewing the case because they are licensing agent for the hospital and its staff. The over looked on the health facility and its staff. so l want to know their finding and decision. l am not really negotiating with the hospital or its staff because they denied my claim already. so before l serve the hospital and its staff l like to know the finding and the decision of DHS and MHo . The best thing for me is just to postpone serving the defendants. let me know please.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your follow up.

It is form CM-20, here is a sample.
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Customer: replied 11 months ago.

hi,Mr. paul


l served two defendants by publication now l have to request and file a default. what is the first document l have to file? Can you send me one. thanks.

Expert:  Law Educator, Esq. replied 11 months ago.
The first document you need to file a motion for default judgment. You file CIV-100. You include a Declaration of mailing copies to defendant and defendant’s counsel if known); a Proof of Service of Summons (unless already filed) and; a Statement of damages and Proof of Service of Statement of Damage.
Customer: replied 11 months ago.

Dear XXXXX

Are you around Paul? l am still waiting for your response please.

question on the form CIV-100. question #1. It says to the clark a,b,c, d, e

l did check mark on the "C" only because l am asking the clerk to enter default only at this time right? How about D. am l supposed to mark D also at this time? This is not a request for judgement right? l will request using another to enter judgement right. because l don't know how to calculate the amount of money l am trying to get. on this form l am supposed to request only entry of default. not a judgement right? l have nothing to do with question no. 2 at this time right ?

l also have a question on no. 5 a,b,c . which one should l select. it is a contract. l gave someone a lot of money to get the money l gave in double amount in 8 month but it was fraud a contract. after 8 month this person said he has not money but he has a house it has equity and he said, buy this house and once the equity money he received at the end purchase he will give my money back. l purchased the house with contract but after l bought the house what ever money he got from the house he walked away with it. so which one should l mark on Question no. 5. he did not even let me to inspect the house before l purchased because he said to get my money back l have to buy the house as it is. l inspect the house after l bought it and it was a total trash.

Customer: replied 11 months ago.

Hi.paul

Are you around? l sent you a questions to be answered. please get back to me.

Customer: replied 11 months ago.

Hi,Paul.


are you around? l am still waiting for your response.

Customer: replied 11 months ago.
Relist: Other.
no. my best lawyer is not responding. it is not about not being satisfied. how can communicate with another lawyer?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your follow up. I apologize for the delay, but I am traveling out of the US for a client and the site has been also having technical issues so the combination of things has delayed my response.

That is correct, you are asking the clerk to enter a judgment of default for their not responding. So it is C for now.

On 5, you are stating it is a contract for a house it would be C.
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Customer: replied 11 months ago.
Hi,Paul
l am trying to serve defendants for the second time because the complaint is amended. l am going to serve them by mail. To be on the safe side, shall l serve them with certified mail with return receipt request? l know it costs.
Also how should l serve for the defendants who have one lawyer?
Customer: replied 11 months ago.
Hi, paul are you there? l sent you a question to be answered. waiting. thanks.
Customer: replied 11 months ago.
hi,Paul l am waiting for your answer. please give me the answer for the question l sent yesterday.
Customer: replied 11 months ago.
Relist: Other.
My lawyer is traveling and l need another lawyer to answer my questions. thanks.

Customer: replied 11 months ago.
Hi,Paul
sorry for bothering you. My #1 question is that. l have two defendants who have the same lawyer. one is an individual and the other is mortgage incorporation. Now l am filling out form pos-010 to the serve the complaint and summon for civil case. on item 3a. l fill out the individual defendant or the mortgage company and on item 3b l put check mark and l wrote the attorney name example. Mr. george is attorney for Mr. martin or pacific mortgage incorporation. on item 4 i wrote the name and address of the attorney. on item 6d l checked corporation for the mortgage and l checked 6a for the individual person. shall mail the document by certified mail with return receipt request or shall just send it by regular mail. how do l know they received It? Did I do the right thing?
Customer: replied 11 months ago.
Hi, paul are you still on trip? you have been missed a lot.
Customer: replied 11 months ago.
Relist: Other.
he is not responding.
Expert:  Dimitry K., Esq. replied 11 months ago.
My apologies bt he is offline--I will message him to ensure that he sees your request. Hold on, please.
Customer: replied 11 months ago.
Hi,Mr. Dimitry
l can you answer my question specifically based on the item no. i wrote. you did not answer by each item no. you just gave generalized answer which makes me confused.
Customer: replied 11 months ago.
Relist: Other.
please respond to this then l post my question after you respond to this please thanks
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question. I am so sorry that you have had to wait so long, I have been tied up with a client.

Yes, you should serve them with a certified return receipt mail if you are going to use service by mail, although using a process server to serve them is always a more preferred process because these mortgage companies play games and sometimes will claim they never received the service even with a return receipt. You would have to serve the attorney 2 copies, 1 for each defendant.
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Customer: replied 11 months ago.
HI,Paul
Just to clarify. let us say if one defendant has a lawyer and l want to server the defendant by serving his lawyer. so l will send one copy for the lawyer and one copy for the defendant. which means l will male two copies to the attorney one for the defendant and one for the defendant's attorney Right? so l have two defendants represented by one lawyer in this case l have to send 4 copies of complaint two for their lawyer and two for two defendants right? thanks.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

You would send one copy for each defendant in the case to the lawyer who would accept service on behalf of his clients. You do not have to send an extra copy for the attorney, so you send 2 copies, one for each defendant.
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Customer: replied 11 months ago.
Mr.Paul
l think l made a mistake. l just filed CIV-100 with out statement of damage and proof of service. My lawyer supposed to advise me about this but he is playing game. The defendants or their lawyer couldn't be find to be served at all. Can you send me sample of statement of damage and proof of service please. So CIV-100 is already filed now l have to file statement right.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

You use CIV-050 and POS-040 from the CA court forms site above.
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Customer: replied 11 months ago.
Dear. Paul
I am trying to file form CIV-100 At this time not CIV-050. after l filed ciV-100. l want the judge to give judgment for me because l don't know how to calculate the damage. So to file CIV-100 you told me l have to make statement of damage and proof of service. l need help from you how and what form or paper to use to do statement of damage and proof of service place.Then l think after that l have to request enter of judgement. If l request the judge to enter judgement for me which l want to do, Do l still need to fill out form CIV-050. l don't think so right? Because l don't know how to calculate the damage. thanks.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

The CIV-050 is the Proof of Damages statement for personal injury claims, sorry, not breach of contract claims.

However, you are alleging breach of contract, which means you can only request your "actual damages" which are damages you can prove you incurred. See; CA Civil Code 3333. You can create your own statement of damages form, since they do not have one in the form library, by following the format of the damage form for personal injury, INCLUDING THE PROOF OF SERVICE on the second page and itemize (list by name) all of your actual damages (you do not claim emotional or mental distress damages).
Customer: replied 11 months ago.
Hi,Paul. when l am writing statement of damage for breach of contract that means l am just writing what they did to me. l am not calculating and writing the amount of money l want to be compensated right. this statement of damage is going to filed with the request for entry of default with proof of service which is form CIV-100 right. After l filed this form with statement of damage then l will file for entry of judgement. that is the time l will calculate the amount of money l want to compensated right. but since l don't know how to calculate it l am going put check mark on judgement to be entered by judge or by the clerk right. right now l am trying to file request for entry of default along with statement of damage and proof of service right. let me know ASAp please.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

No, when writing a statement of damages, you have to state the exact damage you suffered and the value of that damage. You have to specify the damages. The statement of damages with proof of service is filed together with the CIV-100. You have to calculate your amount of damages and tell the court how much you have lost. You should have the ability now to calculate how much you have lost because of the conduct of the defendant.
Customer: replied 11 months ago.
Hi. Paul,
l traveled so money time to the house they sold me with fraud contract besides a lot of money they took from me plus l traveled to the court several times. l got parking violation and others ticket. so l lost a lot of time because of the house they sold me and trying to server these people. l call in sick at work a lot to do all these works. so how do l calculate especially all the time l lost. How about punitive charge? for wrong doing? misleading,fraud and so on.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your follow up.

You are entitled to the travel costs, the money you paid them, the costs of service, the loss of work time (you have to calculate that based on your hourly wages and the time you lost from work) and your punitive damages proving willful misconduct and fraud would be 2-3 times that total amount of your actual wages.
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Customer: replied 11 months ago.
As l have told you my lawyer is working for the defendants instead of for me. one time he put a trap and made me fall in to it. He was forcing me to tell him how much am asking from one of the defendants by e-mail and l just told him very small amount in a hope to avoid going to court and solve the problem without going to court. because l have huge heart problem. The amount of money l told him is half way what l should claim. this is just e-mail communication. Do you think this is going to cause a problem when we go trial if I increase the amount as long as l prove it? think they are trying to tell me l cannot ask compensation more than what l said on the e-mail. what do you think. My lawyer is misleading me. thanks.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Email communication between you and your attorney cannot be used against you, so it would not be held against you. The only way it can be used against you would be if that amount was put into your lawsuit pleadings and then you would be bound for the amount stated in those papers filed in court.
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Customer: replied 11 months ago.
Hi, Mr.Paul. here are some of the discoveries questions the defendant's lawyer gave me to answer.l trying to answer none relevant for some of them.

General back ground information - #1:state -your name

#2:State - the date and place of of your birth. for place of my birth l am putting none relevant.

#3:State - A,your present residence address; B,your residence addresses for the past 5 years;and the date you lived at each addresses.

#4: state; A,the name,address,and telephone no. of your present employer or place of self-employment and
B,the name,address,dates of employment,job title and nature of work for each employer or self-employment you have had
from 5 five years before the incident until today. my answer for "B" is none relevant. How about for 'A' ?. shall I put none relevant?

#5: state - A, state the name and address of each school or other academic or vocational institution you have attended,beginning with high school B,The date you attend. C, The high highest grade level you have completed;and D, the degree you received. The answer l am putting for #5,a,b,c is none relevant.
Do l have an obligation to give my information for all question above?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question.

I am afraid all 5 of these questions are standard interrogatories and they are relevant as they allow the other party to determine the educational level and intelligence level of the party they are dealing with and it also allows them to determine character of the party they are dealing with.

Parties object to these questions all of the time in interrogatories, but I am afraid that the courts do not see the objections as valid and tell the parties to go back and answer them, so I am afraid the court in your case would most likely do the same if you claim relevance.
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Customer: replied 11 months ago.
l know you told me serving with professional server is a better way to serve but these people has been served with the first amended complaint already. l am trying to serve them with the second amended complaint again. Do you think still it is better to do it with the professional server? or l can have just my wife mail it to their address since she is not part of the suite. thanks.
Expert:  Law Educator, Esq. replied 11 months ago.
No it is always best in these cases to use the professional server, the cost is worth not having any mistakes and losing the case on a service technicality.
Customer: replied 11 months ago.
Hi, Mr.Paul
Does it make any difference if l serve defendants themselves instead of their lawyer?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

Whether you serve them or their lawyer depends on whether or not their lawyer agrees to accept service. As they are represented, the lawyer should be served first and then if the lawyer refuses to accept service you serve them.
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Customer: replied 11 months ago.
Hi,Mr. Pual. Question - 17.0 Response to request for admissions
17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission:
(a) state the number of request.
(b) state all facts up on which you base your response:
(c) state the names,addresses,and telephone numbers of all persons who have knowledge of those facts and
(d)Identify all documents and other tangible things that support your response and state the name,address and telephone no of each person who has each document or thing.

So these are the questions. l think they are asking justification for the denied response l gave for each request for admission questions. right? if not please let me know what it mean and any answer recommendation you may have.thank you very much for everything you have done for me.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your new question.

The question above is asking for you to justify your denial of the questions posed. You just need to give a very brief explanation with the information they are seeking for each one. Remember discovery is very liberally construed by the court, so you pretty much have to provide them the information or the court will compel you to do so.
Customer: replied 10 months ago.

Hi,paul


on the discoveries questions it is asking the name and phone no of my witness people and also asking any document from these people if any. l don't want the defendant's lawyer to contact my witness. l want my witness people to come to court and give testimony and my witness also gave me a letter and l want to present that letter in court. l don't want to give this letter to give to defendant's lawyer. Can l do that? Because if l let my witness people to be contacted by defendant's lawyer who knows what will happened. my witness people my get paid by the defendants and their lawyer and work in favor of defendants. so l have the right not give name and phone no. right? let me know please.

Expert:  Law Educator, Esq. replied 10 months ago.
I am afraid that by law they are entitled to this information. The courts hold that the purpose of discovery is to prevent trial by ambush. Thus, I am afraid legally there is nothing you can do on this one to stop them from contacting your witnesses or even from scheduling your witnesses for a deposition if they choose.

I am afraid that you will have to give the information and if you do not do so, then the court will order you to do so.
Customer: replied 10 months ago.

Hi,Mr.


regarding the letter l received or l will receiving from the witness people. should l have the letter notarized ? what is the best way to get the letter from the witness and provide to defendants' lawyer.

Expert:  Law Educator, Esq. replied 10 months ago.
If you are getting statements from witnesses, then you need to get it notarized before giving it to the defendant's attorney.
Customer: replied 10 months ago.

hi, Mr. paul


l have problem with my lawyer.


The discoveries questions are not fully answered. now the defendants' lawyers set up hearing for sanction and there is 1,642 dollars he put for me to pay because the discoveries questions are not answered. now my lawyer is asking me to send the check to him so he can send it to the defendants lawyer. The hearing is this coming Tuesday. l refused to pay it because my lawyer is supposed to help me with this discoveries questions. so what should l do now.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for the update.

You need to consider paying the money first and then let your lawyer represent you in court and after that you would file a suit for malpractice against your attorney for the damage he caused you for failure to properly respond to discovery. If you do not pay or file a complaint for malpractice against your attorney now he will drop your case and will not show up in court. Let him go to court with you, tell him you will bring the check to court, if you are forced to pay, then turn around and file a malpractice claim against him and seek to get your money back from him in a lawsuit or complaint to the state bar.
Customer: replied 10 months ago.

l have time till Tuesday. Can l answer all the questions before that and e-mail him? Yes my lawyer is trying to put the blame on me. He already asked me If l can let him go out of this case.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your follow up.

Yes, by all means submit the answers to the other party and also get them to them by Friday if possible. Furthermore do not let your attorney out and if you are sanctioned you need to sue him for malpractice based on this conduct so far.
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Customer: replied 10 months ago.

hi,Paul.


question. l have multiple defendant on the case. two of the defendants has one lawyer and This is the lawyer who sent me about 130 questioners. like request for admission,interrogatories, request for produce and General questions. my question is. This lawyer is asking like this. please produce all documents or writings pertaining to any correspondence you had with mr. Fernandez regarding any transaction in your complaint here in. Fernandez is one of my defendant but this lawyer doesn't represent mr. Fernandez. mr. Fernandez doesn't have a lawyer. why he is asking me about other defendant he is not representing/?


What is your recommendation? should l write none relevant? or something.

Customer: replied 10 months ago.

hi,paul


l send you a question yesterday which is very important for me to proceed with this questioners. would you please give answer now. thanks.

Expert:  Law Educator, Esq. replied 10 months ago.
Sorry for the delay in responding. I have been out of the country with a client.

You still have to supply the information, even though the lawyer does not represent Mr. Fernandez, because it can lead to information the lawyer can use in defense of his client.
Customer: replied 10 months ago.

hi, Mr. paul.At the bottom please read the whole and exact work of my counsel after l e-mail him l will not pay with out the judge order. My lawyer is leaving the case because l told him l am not going to pay the sanction payment for not doing the discoveries questioners on time unless we go to the hearing this coming Tuesday and the judge tell me to pay. He is the one put me on the sanction spot. He knows it. Now he asked me to send him 1,620 dollars so he can send the opposing lawyer. Isn't the judge supposed to tell to pay or not to pay? l told him it is not my fault but we need to go to court and if the judge say only plaintiff has to pay then l will or if the judge say you and me have to pay then l will share this with you. But he said. he make a deal with the other lawyer and got discount for $420.00 and Now we have to pay 1,200 and he said he will pay some of them and wants me to pay most of it but doesn't want to go to court because he knows what l will tell on him in court. he said. the other lawyer is willing to extend the answers for questioners till June 25. l finished all the answers and faxed 2 days ago but still l have to gather documents to send.


Here is the withdrawal e-mail he sent me. " l am leaving the case. Thanks for your clarity. You are in charge now, go tell another attorney how you understand the rolls and the ropes. l made the agreement to save the $420 because the sanctions are 100% guaranteed. l would have had you 30.000 and default against defendant Aberra 8 months ago, if it was my case. Instead you will go on for two more years,and not get a nickle. mark my words. You don't even attempt to make proper and realistic decisions. l am unable to work on this case with this irrationality. l will tell counsel that you don't get it,and l am leaving the case. Good luck. l will send you the substitution of attorney form for you to sign either later tonight, or first thing in the morning. what a shame is that people are so short sighted. Blows my mind. you are outrageous." So what should l do?


Leaving the case has been planned a long time a go. Shall Igo to court and file a paper saying he is leaving the case after he collected 5.000. he almost did nothing on the case and l need help to get both us on board and solve the problem? thanks for your help.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your update.

What you should do is file a complaint with the state bar office of disciplinary counsel for his failure to properly respond to the discovery and you also should file suit against him for malpractice and seek the amount of any damages you have to pay in sanctions to the other party for not answering in time. You can also go to court in this case and argue for more time to answer the discovery based on your attorney's misconduct and seek to get the court to not issue sanctions.

These are your legal options.
Customer: replied 10 months ago.

what should l do for the 5,000 dollars l paid him. l don't have any money to hire another lawyer. This is the second lawyer and the first lawyer did the same thing what this one did. The first one walked away with 6,500 and this one walked away with 5.000 dollars. They did not serve or bring any defendant to justice. l am the one paying and serving defendants and they are the one supposed to bring defendants to court. he was even charging my credit card with out justifications for court expenses. he did 1/4 or less of the job he is hired to do. he is sending me attorney substitution form for me to sign. l can not sign that right ? he has to file a motion in court to resign. right? l had heart attack recently and l am about to have another one because of this case.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for the follow up.

You can sue for the return of the $5000 if you can prove he did no work for that money in addition to the failure to answer the discovery properly. You could also potentially sue the first attorney too if they did not do any work on your case. He can send you the substitution form to sign and you can file it, he does not have to file it if he sends it to you and it is signed by him.
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Customer: replied 10 months ago.

Thanks. my question is. he is sending me the attorney substitution form for me to sign and release him from the case. so are you telling me to sign his request form and set him free forever? l don't think l have to sign the substitution form. The previous lawyer did the same thing and l did not sign it then he filed a motion to be relieved in court and both of us went to court but ln stead of opposing his withdrawal from the case l let him go without objection. then l took him to the arbitrator first then small claim and they let him take all my money. He also did not even do 1/4 of work he is hired to do. l lost already 15,000 dollar and l did not get anywhere. not a single defendant brought for the hearing.

Customer: replied 10 months ago.

Mr. paul


l am still waiting for answers for yesterday questions.


l also have another questions. if some one witness something last year and requested to write a witness letter today. Is it better to write the witness letter as if it was written last year or today? Thanks.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for reaching back out to me as I never saw your post from yesterday.

You of course do not have to sign the substitution form, but if you want to proceed pro se or get another lawyer involved, you have to sign it. You certainly should not sign it if it is stating you release him from liability, but if it does not contain a release of liability, then in order to represent yourself or get another attorney involved a substitution has to be filed. If you do not sign the substitution, the attorney has to file the motion to withdraw, but that is only prolonging the time here. You do have that choice if you want more time to get yourself a new attorney.
Customer: replied 10 months ago.

Hi, Mr. Paul.


l serve the defendant with publication. now it is time to get judgement. l have to File Default with statement. how do l write the default statement? Is there any form to use? To make default statement, do l have to calculate how much l am claiming from each defendants? Can you send me the sample of Default statement please. Let us say l gave 100.000 dollars to someone with contract to get double amount back in 8 months and after 8 months this person said l don't have the money but l have a house it has equity. lf you buy this house then l will return all the money l owe you from the equity l am going to recover he said. l bought the house with this agreement and what ever money he got from the house he walked away with it. l was left with the house with no money. l have to short sale the house after l paid one year mortgage. l lost a lot of money because of the house. so how l am going to calculate this? l traveled to this house. l spent a lot of money for the lawyer and so on. thanks for your help.

Expert:  Law Educator, Esq. replied 10 months ago.
You file CIV-100, for default along with a declaration of proof of damages, which you would find on the CA court forms site I have given you previously. You attach your proof of publication with the default. The proof of damages is where you list how much you believe you are entitled to.
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Customer: replied 10 months ago.

question. like l said. l gave him 100.000 dollars with agreement to get double amount back in 8 month but l lost everything because it was fraud. so how do you calculate this? and how do your write statement of damage for this?

Expert:  Law Educator, Esq. replied 10 months ago.
You have to add up everything you lost directly related to him taking the $100,000 from you. List everything, all of your fees, costs losses. That is how you calculate your damages. As much as I know, I am afraid we have not discussed everything you lost in depth and only you know everything you have lost and spent pursuing this claim and that is what you have to list as your damages.
Customer: replied 10 months ago.

my question here. l gave him 100.000 with agreement. he is supposed to give me 200.000 in 8 months but l lost everything. so when l write the statement of damage. am l going to claim 200.000 or 100.000? how much?

Expert:  Law Educator, Esq. replied 10 months ago.
So you lost 200,000 PLUS everything you have spent fighting him PLUS any other loss you suffered that you can directly relate to giving him the 100,000 and him stealing it from you (such the value of your home if you lost it because he stole your money and you could not pay your bills).
Customer: replied 10 months ago.

hi, mr. Paul


when l hired my lawyer l discussed about each defendant cause of action and he told me it is a good case and l paid him 5,000 dollars after he finished collecting the money did nothing on the case and asked for another money, he told me the case is not good and wants to withdraw. look what he e-mailed me.
The following is his e-mail. " l am leaving the case. Thanks for clarity.


You are in charge now. go tell another attorney how you understand the rolls and ropes. l made the agreement to save the $420 because the sanctions are 100% guaranteed. l would have had you $30.000 and default against mr. Aberras 8 months ago,if it was my case. Instead you will go on for two more years,and not get a nickel. mark my word. you don't even attempt to make proper and realistic decisions. l am unable to work on this case with this irrationality. l will tell counsel that you don't get it,and that l am leaving the case. good luck. l will send you the substitution of attorney form for you to sign either later tonight, or first thing in the morning. what a shame is that people are so short sighted."


 


So this is what he e-mailed. The motivation for his e-mail is that because l told him l am not going to pay the discoveries questioners sanction with out hearing and court order. let us go to court. l will bring a check on the hearing date and if the judge said l have to pay then l will pay. We are supposed to go hearing on June 7th. but he doesn't want to go there instead he wants me to send the discoveries questioners sanction money to him and he will send it to other counsel. the two lawyers are communicating each other and wants to eat my money together without going to the hearing. my lawyer is the one put me on the sanction spot on purpose to eat my money with the other counsel or to create reason to withdraw from the case. l did everything l could to answer these questions on timely manner. it is june 22 now. l have no communication with him and l e-mailed him a couple of days ago and he did not acknowledge. on june 11th he filed case management conference statement to continue to august 21. l did not attorney substitution form either. on June 11th he filed a letter in court regarding the defendant l couldn't serve asking to serve with publication but what he wrote is against my case and interest. so is my situation. almost everybody is served now. the only thing left is hearing but this is what he is doing. please read everything and give me you in put on each concern l have.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response and update.

He is trying to cover his tracks of his malpractice for not properly handling the discovery issue leading to you being sanctioned. At this point I would consider either of two options 1) filing a complaint for malpractice against him with the State Bar Office of Disciplinary Counsel or 2) filing a malpractice lawsuit against him for all of the damages his conduct has caused you including you losing the case if his conduct causes you to lose.

Also, you need to file a motion in the court objecting to his withdrawal and you need to state that his withdrawal after his failure to act in the suit and cause you to suffer sanctions because of his negligence and malpractice would cause you to suffer extreme prejudice and ask the court to refuse to allow him to withdraw.

These are the actions you need to take.
Customer: replied 10 months ago.

HI,Mr. Paul


Today, l went to get together place where a lot of people joined and l found one of the couple of defendants. since my wife is not involved in the case she served the summon and complaint to the wife in person and she also gave one copy to the wife to give to her husband.


my wife is filling out form Pos - 010. my question on the form it says. ' I served the party- (a) by personal service


(b) by substituted service


(c) by mail


(d) by other means.


so l think it is by substituted service. right? Are we supposed to try three times before we gave the document to the wife to give to her husband? let me know. thanks.

Expert:  Law Educator, Esq. replied 10 months ago.
That would be substituted service, since she put the summons in his wife's hand. You are supposed to try to serve the person "several times" if possible before substituted service, but generally in CA substituted service on a spouse is valid service.
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Customer: replied 9 months ago.

HI, Mr. Paul


The property manager who saw my house in 2010 gave me his witness letter last week about his finding in the house. Should l produce this letter to the defendant counsel or should l present it during the hearing. The request for production asked me to give any paper l have. let me know please now.

Expert:  Law Educator, Esq. replied 9 months ago.
As part of your discovery, you have a duty if they have sent you a discovery request for production of documents to turn it over to the other party. However, in court, you cannot just produce the writing, it would be considered inadmissible as hearsay, you have to present the actual witness in court to testify about their observations first hand. The writing can only used to support your motion when you file it, but when it comes to a court hearing you must put the person on the stand to testify because the other party has a right to cross examine them as part of their due process rights.
Customer: replied 9 months ago.

question. Mr. Paul



Can you walk me through on form pos-010 no. 5B , 1-5. My wife served summon and complaint for the wife in person in the party in somebody else house but the husband wasn't there. My wife handed the summon and complaint to the wife to give to her husband. so she did substitution service. Now. l checked 5b then l checed 5b,No.4 so do l have to mail another copy with first class mail and what address should l use to mail it. Defendant home Address? Should l attached a declaration a personal service was attempt. l think l cannot do that because l did not go to his house. let me know please. thanks.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

You should indeed mail a copy to the defendant's home address first class mail and you cannot attach a declaration that personal service attempts were made if they were not made. I am afraid that he can challenge this service though if you have not made your 3 verified attempts at personal service on him, so you are taking a chance since you have not tried 3 times to serve him. You are taking the chance that husband will answer your summons and not object to service. If he does not answer at all, the court is not going to grant default judgment on this, they are going to tell you to go back and properly serve him. If he does answer the summons then his answer would be deemed a waiver of his claim about improper service and you would be fine.

At this point, I would suggest filing the POS without any affidavit, mailing the copy to his residence address and see if he answers within the time to file his answer. If he files no answer, I would suggest you actually spend the money on a professional process server and have him personally served properly instead of you continuing to waste your time trying to serve him yourself.
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Customer: replied 9 months ago.

Hi, Mr. paul


My lawyer is still bothering me to make me pay the discoveries questioners sanctions. he put me on this spot by not helping to answers questions.


 


Here is what he e-mailed me today. " The sanction of $1,200 has to be paid immediately this morning. l will put it on your card,unless you tell me anther way you want to do this. It must be paid this morning immediately,


all $1,200. This is the way it has to be."


 


This is what he e-mailed me. There was a hearing set up for us to go regarding about this sanction charge on June 11th. About 5 days before the hearing he sent me an e-mail saying send me $1600 check and l will send this to the defendants lawyer. l told him not to cancel the hearing and l will bring a check to the hearing and if the judge ruled l have to pay then l will pay other than that l am not going to pay with out hearing and court order. But he doesn't want to go to court instead he canceled the hearing and he said, He negotiate the amount of the charge with the defendant's lawyer and decreased the amount to $1200 then he said, "send me a check and l will send the check to the other counsel." He also said, he will pay 200 out of $1,200. The two lawyers has no right to tell me to pay this money with out hearing and court order right? The two counsels are trying to share this money. So what do you think they can do to me because of my refusal and what do you think l have to do? Thanks.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your update.

I think at this point, you would want to consider first getting new counsel and then sending him a letter informing him that you are terminating his services and filing a complaint for malpractice with the state bar because of his negligence causing you to incur these penalties. Then on top of filing your complaint you would file suit against him for any fines you have to now pay because of his negligence. It is time I am afraid to cut out dealing with your attorney and get a new one.

He can negotiate a reduction on your behalf if it is in your best interests. However, it sounds here not like they are sharing the money, but he is making a deal to avoid a hearing and his negligence being raised at the hearing and the court ordering him to pay. At this point you should pay the fine to stop that matter and then pursue your attorney with a malpractice claim and sue him in court to recover the fees you had to pay for his negligence.

It is best to get this matter moving forward to start tomorrow to get a new attorney, pay the fine and pursue this attorney for negligence.
Customer: replied 9 months ago.

Hi, Mr. Paul


That is what he want. he wants me to let him go. He asked me openly to release him from the case. He is twice closer to the defendants than to me. If l let him go then l will never see my money. He is doing exactly the same as what the previous lawyer did. l report the previous lawyer to state bar and they did nothing. l took him to arbitrator and small claim court but l totally lost and l am sure l am not going to get any money from him if l let him go. The day he finished collecting the 5.000 dollars the day he stopped working on the case. l filed in court 2 days ago saying l did everything l could to answer the discoveries questions by myself despite requesting help from my lawyer to answer these questions on the timely manner and to prevent this sanction from happening in the first place. If the defendants lawyer wants this sanction money to be paid he has to file for another hearing and three of must appear and tell the judge and go from that. no hearing no payment. l told my lawyer not to cancel the hearing but my lawyer doesn't want to go to the hearing instead he wants me to pay with out hearing and court order. this is what l filed in court 2 days ago.


Now what they are doing is that the two lawyers put dead line for the 1200 to be paid. now they are going to add more money for not paying this money on time. That is why he is saying this today. he wait until to the last minute on purpose to say this. how can l let him go. shall l go to the court and ask the judge to set up hearing for us?

Expert:  Law Educator, Esq. replied 9 months ago.
If you do not want to dismiss him, then you need to go and file a motion for a hearing and get the court to set the hearing and at the hearing explain that is was your attorney who failed to file the answers and not you and get the court to order your attorney to pay.

This is your other option that you have other than firing your attorney and getting a new one.
Customer: replied 9 months ago.

Hi,Mr. Paul


what for should l use to request postpone serving defendant. l have never serve this defendant yet. he doesn't know about the law suit either. l am trying to resolve the issue without going to court but l filed in court just in case and to keep the statue limitation off the table. so l am supposed to serve by July 12th for the first time but l still want to extend the serving time.


so what for should l use to request and extend the serving time and the case management conference date as well? thanks.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your new follow up.

You need to file a motion for extension of time to serve and in the motion you need to explain that you are in the process of working on settlement negotiation which could lead to dismissal of the suit (the courts love that when it happens and are always happy to give time for it to happen) and that is the good cause for delay in serving the defendant. You will have to state you and the defendant are currently trying to negotiate to get the court to extend time to serve.
Customer: replied 9 months ago.

what is the form to file a motion for extension of time to serve summon and complaint?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

This is on a general motion form, since there is no form motion for this.
Customer: replied 9 months ago.

hi. Mr.Paul


Can you do a favor for me.


Can you send me a good sample of statement of damage to enter default for me to follow. my lawyer is not helping me which form and how to fill it out.


send me a sample the one it is used by somebody else and l can follow and form my own. thanks.

Expert:  Law Educator, Esq. replied 9 months ago.
I am afraid that there are no samples of this available out there as each one of these statements of damages are done from scratch on a breach of contract case by attorneys and they are not published because they tend to remain confidential.

I am very sorry, but some things just are not made available to the public and as such I could not send you a sample
Customer: replied 9 months ago.

Hi.Mr.Paul


about 2 weeks ago l had small claim hearing and l took off at the middle of the hearing without saying anything because l was having chest pain because l was angry at the judge. l went to my car and take medication for my heart because l have heart problem and then left for home. The judge was trying to get me some amount of money which l wasn't happy about but since l took off before the verdict takes placed the judge checked mark on the form saying the defendant doesn't owe money. l was a plaintiff. So what is my option on this one? Is there anyway of getting around it? l know can appeal but l cannot appeal my own claim.

Expert:  Law Educator, Esq. replied 9 months ago.
I am afraid that if you left court without asking the judge for a recess and explaining why you had to leave with your chest pains (which the judge would have granted) then the judge has a right to issue a verdict in favor of the defendant since you abandoned the proceeding in the middle of the case.

You have a right to file a motion to reconsider with small claims and provide proof of your chest pains to the court as good cause for leaving in the middle of the hearing without notice to the judge.

If not, I am afraid you have no choice but to try to appeal and convince the higher court that you left the proceeding because of medical necessity which was good cause. However, this is a tough one because if you did not provide notice to the court when it happened I am afraid the court is not likely to be very accommodating in this one.
Customer: replied 9 months ago.

Hi. I am considering to terminate my lawyer. What is the right procedure to do it? how about the money l paid him? what is the statue limitation to hire a lawyer and open a case against him?


He did not do even 1/4 of the work he is hired to do.


I am also considering just to hire paralegal instead of lawyer which costs less. All the defendants are served except three which are served by publication.


Do you think it is something l can do without lawyer. These lawyer postpone the case and collect the money and then messing up the case to collect more money and demand money after money. l have multiple defendants including mortgage company. all are served waiting for the hearing. I asked multiple questions all once. please try to address each of them. thanks.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your new question.

You can terminate your attorney at any time in writing and it is then up to the attorney to file a motion to withdraw or your new attorney to file a motion to substitute attorneys.

As far as your fees paid, generally the fees paid are non-refundable, so you would have to seek to sue him for breach of contact/malpractice and the statute of limitations for this in Arizona is 2 years from the date of the alleged malpractice act.

I strongly urge you to not do this pro se or with a paralegal, as people who think they can do this often find themselves in trouble as the case progresses with the legal rules of procedure and evidence, even with a paralegal. You really just likely need the right attorney that you are comfortable with and who will do the work you want done.
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Customer: replied 8 months ago.

Hi, Mr. Paul


My lawyer told me the master mind defendant the one l couldn't find serve filed bankruptcy. He is communicating with the defendant l couldn't serve secretly. l am 100% sure my lawyer is the one telling this defendant to file bankruptcy. l don't know how he find out. l did not receive any document from this defendant regarding this bankruptcy. Now My lawyer e-mail me the following." We need to file proof of claim in Mrs.Aberra's bankruptcy case. l also need statement of damage from you. So Is he asking the right thing? l have to make sure he is not doing this in favor of the defendant. let me know please. should l ask him for any proof of bankruptcy document he may received from this defendant also? thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your update.

I am afraid that if the defendant you could not serve filed bankruptcy, then your case against him might be over for now and your only recourse would be that you need to go to the bankruptcy court where he has filed bankruptcy and file a creditor claim and state that you are objecting to the automatic stay based on FRAUD. Under the bankruptcy law, he cannot escape this debt due if it was incurred by fraud, which is what you are alleging. Thus, if the bankruptcy court agrees this is fraud, they will waive the automatic stay and you would serve him and your suit would proceed.

You need to provide the attorney the information he is seeking, then tell him this is fraud and you want him to file for relief from the automatic stay and object to this being included in the bankruptcy because of fraud, which legally is not extinguished by bankruptcy.

There is no way you can find out if your attorney told him to do this, your attorney will never admit it. Thus, you need to push your lawyer to proceed with the matter of the fraud and get your claim exempted from the bankruptcy as the law provides.
Customer: replied 8 months ago.

HI, Paul


one thing l did not tell you is that the defendant who filed bankruptcy was served with publication. l am sure he filed bankruptcy after served with publication. this is what l did not tell you. so what will change now from what you told me above.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

It really does not matter at what point he filed bankruptcy, since he could have even filed after you obtained a judgment. What matters is you proving fraud which mean his debt to you cannot be extinguished in that bankruptcy, which is why your attorney has to file a relief from automatic stay in the bankruptcy and show that this debt is resulting from fraud committed by the defendant.
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Customer: replied 8 months ago.

what does my lawyer mean when he says " we need to file proof of claim in Mrs. Aberra bankruptcy case. l also need statement of damage from you" is he saying he wants to file a relief from automatic stay in the bankruptcy to show this debt is resulted from fraud? l don't think he means that. it doesn't sound like that.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

Proof of claim is what I was referring to above. That is a claim in bankruptcy court showing the bankruptcy court you are a creditor in the bankruptcy. He also needs to file the relief from stay to argue the fraud, that is separate. The statement of damages is also needed to show HOW MUCH the person owes you in money damages.
Customer: replied 8 months ago.

which one needs to be done first? proof of claim or filing the relief from stay to argue the fraud? l don't trust my lawyer that is why l want to know which is the most important thing that needs to be first. thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
They are all usually filed together. But if any is filed first it is proof of claim with statement of damages.
Customer: replied 8 months ago.

Hi, Mr. Paul


look what my lawyer doing to me. one of the defendant filed chapter 7 Bankruptcy case. on June 17,2013. my lawyer told me he was notified about this but did not say anything until l asked him to send me evidence this happened and he just send me the copy of the chapter 7 it was filed on June 17,2013 and there is a deadline for the creditors to file something. let me write some of the note on the form for you.


 


" United states Bankruptcy court Middle District of Florida


 


Notice of Chapter 7 Bankruptcy case,meeting of creditors, and deadlines.


 


A chapter 7 Bankruptcy case concerning the debtor(s) listed below was filed on June 17,2013. you may be a creditor of the debtor. This notice lists important deadlines. you may want to consult an attorney to protect your right. all document filed in the case may be inspected at the bankruptcy case clerk's office at the address listed below. NOTE: The staff of the Bankruptcy clerk's office cannot give legal advice.


Creditors - Do not file this notice with any of proof of claim you submit to the court. see reverse side for important explanations.


 


meeting of creditors



Debtor must present photo ID and acceptable proof of social security Number at 341 meeting. You are reminded that local rule 5073-I restricts the entry of celluar telephone in to the courthouse.


Date - July 24,2013 Time - 8:30Am


Location- Room 100-A,501 East polk St. Tampa,Florida.


 


Presumption of Abuse under 11 U.S.C 707(b) see presumption of abuse


"on reverse side"


 


insufficient information has been filed to date to permit the clerk to make any determination concerning the presumption of abuse. if more complete information. when filed. shows that the presumption has arisen,creditors will be notified.


 


Dead line



papers must be received by the Bankruptcy clerk's office by the following deadline.


 


Deadline to file a complaint objecting to discharge of the debtor or to challenge Dischargeability of certain debts: September,23 2013.



Deadline to object to exemptions:


(Thirty (30) days after the conclusions of the meeting of creditors.


 


Creditors may not take certain actions - In most instances, the filing of the


Bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. under certain circumstances,the stay may be limited to 30 days or not exist at all. although the debtor can request the court to extend or impose a stay.


 


Please Do not File Proof of Claim unless you Receive a Notice To Do So.




hi, Mr. paul. my lawyer is the one telling this defendant to file Bankruptcy and waiting until the expiration date pass without give me a detail. he told me this woman file bankruptcy two weeks ago but did not tell me there is a deadline to act soon or not. he just told me he wants to file a claim. that is all. Did say when,who and how he was notified about this . he just said he was notified.


 


 


So what let me know what doesn't mean all this please. thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for the update.

Your attorney could not stop them from filing bankruptcy, but it is your attorney's duty to file an exception from the automatic stay and file as a creditor. Your attorney should be presenting your evidence to the bankruptcy court that your case involves fraud, which under bankruptcy law the bankruptcy cannot extinguish. Thus, if your attorney does not do this, it could be malpractice on his part and you can hold him liable.
Customer: replied 8 months ago.

Mr.Paul.


Did you see the deadline on the note l sent you. Can you read the the document l just sent you few minutes ago. it Explain about the time frame. Can you go back and revise the the bankruptcy document l sent you and let me know when is the deadline and what really l have to do? thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

Yes, I saw it and your attorney has to try to rectify the situation by trying to still file and if he cannot, your attorney would be liable to you for malpractice for not doing so on time.
Customer: replied 8 months ago.

hi, Paul


The person who filed bankruptcy is the one l couldn't locate and serve in person but l served her with publication. now l can see her address on the Bankruptcy paper she filed, can l still send a server to the address listed on the bankruptcy paper she filed. she may hide but l can try at least. what do you think?

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

I am afraid that now that bankruptcy has been filed, your attorney has to do this through the bankruptcy court, because he needs to get the suit exempted from the bankruptcy. If you serve her without doing this, then you can be sanctioned and penalized by the bankruptcy court.
Customer: replied 8 months ago.

Hi, Paul


Please help me to figure out how much compensation l have to ask for the injury sustained. l lost 8 hrs work the day l got injured. then. after that l had MRI test and then l have 3 Dr. Visits and 7 physical therapy visit. my hourly rate is $50. Mileage 4 miles round trip for each visit. thanks.

Customer: replied 8 months ago.

Hi,Mr. Paul


l am still waiting for your response regarding how to calculate compensation after injury. thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response. We cannot actually make the calculations for you.

If you make $50 per hour, then multiply that times the number of hours you lost from work. Your mileage is pretty low so that really is not going to impact your compensation much. However, I also do not know (or remember) is this a workers compensation injury or what type of injury?
Customer: replied 8 months ago.

Hi, Paul


It is an injury that happened to me while l was trying to get something in kaiser facility. something hit me. l got kaiser insurance through my employer. can you make it a little bit clears. let us say if l lost 8 hrs work. and my rate is $50.00 per hour. that means for 8 hours would be $400 l multiply $400 how money times?


l had 10 Dotor and physical therapy visit. also how can l calculate my suffer.


please help me. l have to send my claim today. thanks.

Expert:  Law Educator, Esq. replied 8 months ago.
So this injury suit is for negligence against the hospital and not your employer. Thus, you would add up ALL of your actual losses from the injury, not just lost wages but any money damages such as medical bills as well, and you would multiply them time 4 or 5 (go for 5 so you have room to negotiate with them) for your pain and suffering which you would add back into your actual losses for your total claim value.
Customer: replied 8 months ago.

Thanks. Paul


l am sorry still l have question. how much l have to ask for my suffer? l have not clue.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

If you re-read what I typed in my last answer I told you what you ask for and how to calculate your pain and suffering. It is all there:

you would add up ALL of your actual losses from the injury, not just lost wages but any money damages such as medical bills as well, and you would multiply them time 4 or 5 (go for 5 so you have room to negotiate with them) for your pain and suffering which you would add back into your actual losses for your total claim value.

Thus, you ask for all of your total lost wages and any unpaid medical expenses (that is first). Then for pain and suffering you add together your total medical expenses (paid and unpaid) with your lost wages and multiply that by 5 times and that is your pain and suffering amount you ask for (realistically all you are going to get is 1-2 times the total, but you ask for 5 to give you negotiation room).
Customer: replied 8 months ago.

Hi, Paul


The injury l sustained at @ wasn't caused by negligence of Kaiser. what happened is that the fire alarm goes off and the fire door closed on me and the fire door knob hit my back. so this is something l can claim right? because l have expense and suffer.

Expert:  Law Educator, Esq. replied 8 months ago.
Same thing, it is premises liability for the injury as the door should not have closed on you and should have had a safety mechanism that would have prevented the injury from occurring in this manner. So it is the same thing as I said above.
Customer: replied 7 months ago.

Mr.Paul


Look what my lawyer is doing. He is not giving the answers and documents l gave him for the discoveries questions to give to defendants lawyer. Now look what the defendants lawyers filed in court. here it is. " The following discovery issues,including issues regarding the discovery of electronically stored information,are anticipated (specify): plaintiff failed to respond to discovery requests. a motion to compel responses to form interrogatories,special interrogatories and request for documents was filed. Plaintiff stipulated to sanctions and a deadline for verified responses to be served. The deadline was june 25,2013. Plaintiff has not served responses nor has plaintiff paid the stipulated sanction amount. Defendant will be moving for further sanction,including terminating sanctions."


Now this was written on August 6,2013. Now on august 21, the defendant's lawyer filed in court and hearing is set for Sept,16 2013. Now what these lawyers are doing is that they write something l did know or agreed to it and they have the judge sign and make tentative ruling and no hearing will be held and they will be out of the case. l filed not to cancel the hearing but still they will cancel the hearing with false agreement they made with me and give it to judge one day before the hearing. There was a hearing in June 11th regarding the $1,602 for the discoveries. they wrote for the judge that plaintiff agreed to pay and no need to appear in the court which l did not agree to pay. l actually l told him l am not going to pay with out hearing and court order and told not to cancel the hearing. l also told him l will bring the check to court. but they cancel the hearing anyway. l have to make sure this hearing is not canceled so l will have an opportunity to tell the judge what is going on. so what should l do to make sure it is not going to be canceled? l filed in court not to cancel this hearing but l know it is not good enough to stop them. what should l do? Now my lawyer is not working on the case or he is not resigning from the case but he sit on the case to get the case dismissed.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

I am afraid you are now at the point you MUST do two things, we have discussed them before. First, you now MUST file a complaint to the state bar against him for malpractice for not filing the documents on time and causing you to get sanctions and then misrepresenting you on the sanctions. You need to do this immediately, stop delaying.

Second, you now must go find a new lawyer immediately and you also need to find a lawyer to pursue a legal malpractice case against the first lawyer in addition to finding a new lawyer to take up this case and try to straighten things out for you that the lawyer you have now has messed up. You can use the same sites used by lawyers to find a new lawyer, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org

I am afraid if you do not move immediately and do these two things, you are going to end up losing this case without any recourse.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 7 months ago.

There is no way to get a new lawyer this easy.It is three month already since l was searching. They are asking 10.000 dollars retention fee and l don't have that money. my money is taken by two lawyers already. How about telling the court to freeze this case until l find a new lawyer. In the mean time l have to take over this case. What do you think?

Expert:  Law Educator, Esq. replied 7 months ago.
Unfortunately, the court is not likely to give you more than a 30 day continuance to find a new lawyer, sad but true. Also, sadly, finding any lawyer to take this type of case without some money up front is going to be next to impossible, but you have to weigh what you have to lose by this attorney committing malpractice and losing your case against what you are going to have to pay an attorney up front for your case. I wish there were an easier way for you to do this, but quite frankly there really is not. The only other thing you can do is continue on with the lawyer you have and if his negligence causes you to lose the case or lose money, then you have to sue this lawyer for malpractice.
Customer: replied 7 months ago.

Now Mr. Paul.


Shall I just file in court and let everybody know that l took over the case and do my best on the case by consulting with you and other lawyers or just keep the lawyer l have and lose the case? He abandoned the case but what he is doing is that either he is not working on the case or resigning from the case. what ever document he received from the defendant he is not giving me or what ever document l am giving him to give to the defendant he is not giving to the defendant. he is just sitting there to have me loose the case. Reporting to state bar of California is a long process. l will report him but they are not going to have him work on the case right away. What do l get from state Bar of California at this critical time. l have to do something for September 16, hearing. they are going file something l did not agreed with and get tentative rule from the judge one day before the hearing and get out of the case. let me know please.

Expert:  Law Educator, Esq. replied 7 months ago.
You can file a motion to substitute pro se as counsel and terminating services of counsel. This would put the court and other parties on notice you have terminated your attorney and are taking on your own representation. If you are comfortable taking on this case and keeping up with filing the pleadings and familiarizing yourself with the rules of civil procedure and rules of evidence, then you can do this. If not let him keep going and then you will need a legal malpractice attorney at the end to sue this attorney. That is really a choice we cannot help you make I am afraid.

You can report him for malpractice now and that will make him resign in most cases as well.
Customer: replied 7 months ago.

weather l am comfortable or not to take this case l don't have an option. He is letting the defendant out of this case. there are multiple defendants on this case but two defendants hire a lawyer and their lawyer gave me a discoveries questions to answer and my lawyer get me on default on these discoveries questions and June 11th was the hearing. unfortunately my lawyer and defendant lawyer wrote a letter to the Judge saying l agreed to pay the sanction and get tentative ruling the day before the hearing and cancel the hearing without my knowledge. l told my lawyer l am not going to pay the sanction and don't cancel the hearing but they did it anyway. Now there is a hearing again coming up on the Sept 16, how can l stop them from canceling the hearing with tentative ruling one day before the hearing? l have to attend the hearing and tell the judge what they are doing to me.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

My point was that I cannot tell you which avenue to choose I am afraid. I can just explain the choices you have. If you file to dismiss the attorney and represent yourself pro se you can file a motion for hearing and an objection to any tentative ruling.
Customer: replied 7 months ago.

well. l know you are telling me the choice l have but still l am not sure which one is the best option for me to take. The problem is if l took over the case which my lawyer is looking for to happen. If l let the sept 16 hearing go their way which is tentative ruling then what? they will be out the case right.


This is what the hearing about again. " plaintiff failed to respond to discoveries requests. a motion to compel responses to form interrogatories,special interrogatories, and request for documents was filed. plaintiff stipulated to sanctions and a deadline for verified responses to be served. that deadline is was June 25,2013. plaintiff has not served responses nor has plaintiff paid the stipulated sanction amount. Defendants will be moving for further sanctions,including terminating sanctions." Now another hearing is set up for sept,16 for this issue. but l am not going to have an opportunity to appear in the court and tell the judge what happened because the two lawyer will have tentative ruling against me one day before the hearing and cancel the hearing .


So what do you do if you are on my shoes?


l gave all the documents before the deadline of June 25th to my lawyer to give these documents to defendant's lawyer but my lawyer did not give the documents to defendant's lawyer deliberately. so my lawyer is not advising me or working on the case at all right now. so if you are on my shoes what would you do? If they terminating the sanction am I going to loss the whole defendants and the whole case of just for the two defendants this lawyer representing. Because most of the defendants are accused for the same cause of action. let me know please.

Expert:  Law Educator, Esq. replied 7 months ago.
Personally I would force the attorney to represent you and then sue him for malpractice later, because if you take it over then he will claim it was messed up not because of his malpractice but because of you. He has already tried to blame you once before, so if you take it over that is where he will place all of the blame again.
Customer: replied 7 months ago.

Hi, Paul


My lawyer is not responding for my e-mail. we have a hearing on September 16 about further sanction and including termination of sanction file by defendants attorney. l am not even going to have a chance to appear in court to tell my side of the story because what my lawyer and defendant lawyer doing is that they will write something l did not agree or know about like what last time did an give to the judge to sign and cancel the hearing with tentative ruling one day before the hearing. The judge sign against me because he doesn't know my side of story. so what l have to do to prevent this from happening on Sept,16 2013 ?

Expert:  Law Educator, Esq. replied 7 months ago.
You have to file a motion for a continuance, but since you are represented by counsel, the counsel must file it as they will not accept one from you unless you terminate your attorney first and submit a motion substituting yourself for pro se counsel and terminating his services with your motion for continuance.
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Customer: replied 7 months ago.

when you say l have to file a motion for continuance, what doesn't mean?

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your follow up.

What I mean is you have to file a written motion with the court/clerk asking the court for a continuance of the hearing because you are substituting yourself pro se and dismissing counsel. You also have to file a separate written motion with the court/clerk for substitution of counsel stating your counsel is dismissed and you are representing yourself pro se.

You send copies of both motions to your attorney and the other party's attorney as well.
Customer: replied 7 months ago.

Hi. Mr. Paul


Can l ask the court to postpone the hearing for further sanction and termination of the sanction for Sept. 16. if l can do that what for should l fill out. l have to tell the court l have no any communication with my lawyer. thanks.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

You cannot ask for both a continuance and a termination or to vacate the sanction. You need to ask for one or the other. You need to file these motions on the general motion form, as none of these are really standard motions
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Customer: replied 7 months ago.

You said l can use a general motion form. What does it looks like? It that the one we use as a word format and we put numbers on the left corner of the document? what is my best option. continuance or vacate the sanction. if l replace him he is going to say oh ! l was just out of town. l have no plan to leave the case and he just replace me and so on. but he got me on default already to say that one also. help me in here please. On Sept. 16, hearing he is going to write something against me to the judge and he will get the defendants out of this case and l don't even have a chance to speak about. What do you think? l have to let him go before that and consult with attorney what to do for each step the defendant and the court asking me. My be l have to pay for attorney for each work l have to do?

Expert:  Law Educator, Esq. replied 7 months ago.
Yes that is the one you use in word format with the numbers down the side of the page.

If you are prepared to argue against the sanction, your best move is to file a motion to vacate the sanction.

You would do best paying for another attorney though to try to protect yourself better and get you out of the mess this attorney has created.
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Customer: replied 7 months ago.

Mr. Paul. l decided to get ride of this guy because he is about to get the whole case dismissed. In this case help me what and how to file substitution form. l have a substitution form my former lawyer used when he resigned from this case. can l use that? l can file the substitution form and motion to vacate the sanction at the same time right.

Expert:  Law Educator, Esq. replied 7 months ago.
You can use the same format of the form your lawyer filed, you can copy it and change it for what you need. You can file that and the motion to vacate sanctions at the same time. I really urge you to get another attorney and call the state bar and try and find you a pro bono attorney or some attorney who will work a price deal with you if at all possible.
Customer: replied 7 months ago.

Mr. Paul


l need the form no. the one saying substitution of attorney with court order. l found one but l am not sure if this is for California. thanks.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response. You do know from our previous encounters that we cannot provide forms unless they are from the state because of copyright issues. You have to go to the court library and ask the librarian for the form books if there is not one on the state site (and I do not see one specifically on the state site).
Customer: replied 7 months ago.

thanks. l know l am not asking to send me the form. l am asking the form number if you remember it. l can download it my self. thanks.

Expert:  Law Educator, Esq. replied 7 months ago.
They do not have a form number on their site to substitute counsel, this is something attorneys draft from scratch, which is why you will need to use one of those motions with the numbers down the side and write your own.
Customer: replied 7 months ago.

thanks Paul. mc-050 for says substitution of attorney without court order. l need the attorney substitution form with court order. There is a form A0154 but l am not sure that is the one. so l need the form that says attorney substitution with court order. not without court order. thanks

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response. I would submit the form without the court order, since you have the right to remove your attorney as you see fit.
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Customer: replied 7 months ago.

Hi, Mr. paul


l prepared two documents one is substitution form l filled out and the other is just a termination letter in court paper format. it my be duplicate l think both served same purpose but l prepared it. do you call the court paper format caption?


Now l want this to be effective. it will or no?

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your respons.

No, it is not a duplicate, they serve two purposes. One is terminating your counsel, the other is stating you are taking over pro se. You would file both. The second one is Notice of Termination of Legal Counsel, the First is Substitution of Counsel.
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Customer: replied 7 months ago.

Hi, Mr. l need immediate answer on this one please.


l went to court regarding the upcoming hearing on sept 16. for the discoveries further sanction and intent of sanction termination. my lawyer still disappeared even though l e-mailed and called him on the daily basis.


one the court staff told me l can file ex parte application and serve him with in 25 hrs a hearing will be heard something. Do you know about this if you do please advise me as soon as possible thanks.

Customer: replied 7 months ago.

Hi,Mr. Paul


l e-mailed you yesterday. l think you are busy. l have another concern beside l sent you yesterday. Chapter 7 is filed in Florida. my lawyer here in California said he can draft something for me to file myself in Florida but he cannot file because of the location. Is there a hearing for Bankruptcy case? If yes how l and my attorney can attend the hearing in Florida? by phone? In General is it possible to do it from California to Florida?

Customer: replied 7 months ago.

Hi, Paul


where are you? I asked you a couple of questions. please get back to me if you are around.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your new question, I am sorry but I never got anything from you until today, so I had no notice you sent a reply. I sincerely XXXXX XXXXX whatever happened with the site that did not send me notice.

1) Yes you can file your ex parte motion to remove counsel and the court is supposed to hear it immediately. In the ex parte motion you have to state that you tried to contact the attorney to give him notice to no avail and he is non-responsive so you are filing ex parte to remove him and substitute yourself pro se.

2) In bankruptcy, you have to file a Relief from Automatic Stay and also a creditor claim in the bankruptcy. In the relief from stay, you argue this debt was incurred by fraud and explain the fraud in detail, as fraud must be described and fraud is a reason for the court to not extinguish your claim in the bankruptcy. This can be drafted by a CA attorney, but they are right in that they need a FL attorney to file or you have to file yourself.
Customer: replied 7 months ago.

Emergency. please answer me right now.l served ex parte application to my lawyer to replace my lawyer what proof of form should l use to file in court. thanks.

Expert:  Law Educator, Esq. replied 7 months ago.
I am here.

What do you mean what "proof of form" should you file, do you mean proof of service form?
Customer: replied 7 months ago.

l send my lawyer attorney substitution form to sign by mail and he refused to do. Now l filed Ex parte application to replace my attorney immediately.


then my wife serve the copy of Ex parte applicaiton and attorney substitution form to the coworker of my lawyer since she couldn't find him. she did substitution service. Now she did not file proof of service because she doesn't know which form my wife has to fill out and file. please let me know right now.

Customer: replied 7 months ago.

l sent you a question. please send it back to me. it is emergency.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response. I would use POS-020
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Customer: replied 7 months ago.

Hi, Paul


My lawyer is gone now. my lawyer did not file proof of service on defendants


for August 21, order to show cause. Now the court wrote me a letter saying


" You are here ordered to appear appear in department 610 on Oct-8-2013 @1030 am, pursuant to local Rule 3.0 c to show cause why this action should not dismissed or why sanction should not be imposed for failure to file proof of service on defendant(s) and obtain answers or enter defaults as to 2nd amended complaint crc 3.110 requires that response paper to an order to show cause must be filed and served at least 5 calendar days before the hearing. However it would facilitate the issuance of a case management order prior to the order to show cause hearing if the response to order to show cause is filed,served, and lodged in department 610 twenty (20) days before the order to show cause hearing. "


 


Now l want to give response to this. l have defendants l served in person and l have defendants l served by publication except one still pending.


to give response to the order to show cause, do l use form 110-cm case management statement or l have to write my own not with court paper format?

Expert:  Law Educator, Esq. replied 7 months ago.
You need to really sue this attorney for malpractice and seek your damages from him based on all of these headaches.

You need to write your own Objection to Order to Show Cause on the numbered line motion form. You need to describe the malpractice of your attorney and you also need to file a bar complaint against the attorney and state that in your objection as well, that you filed a proper complaint against the attorney for their negligent conduct in dealing with this case.

No more time to play about this attorney, as I told you awhile back, you now have to take action against him.
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Customer: replied 7 months ago.

Emergency. l just saw tentative ruling for me to decide. let me know please


It say.


 


this is the tentative ruling l saw on line.


 


Mr. J vs Mr. B


 


Sept 16-2013 09:00 am


Ntc of Mtn for Terminating sanction an for Monetary Sanctions Against Pltf


and his attorney in the amount of $810 set for hearing on Moday 16,2013 line 2 . Defendant Mr J's motion for terminating sanctions an for monetary


sanction against plaintiff and his attorney in the amount of $810. pro Tem Judge phil Andersen, a member of the California state bar who meets all the requirements set forth in crc 2.812 to serve as a temporary judge has been assigned to hear this motion. prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion my be heard by the pro team judge. If all parties to the motion to the motion sign the stipulation, the hearing will proceed before the judge pro Tem who will decide the motion with the same authority as a superior a superior court judge. If a party appears by telephone, the stipulation may be signed via fax or or consent to sign given by e-mail. If not all parties to the motion sign the stipulation, the pro Tem judge will hold the hearing on the motion and based on the papers submitted by the parties and the hearing,isse a report in the nature of a recommendation to the dept.302 judge who will then decide the motion. If party doesn't appear at the hearing the party will be deemed to have stipulated that the motion will be decide by the Pro Tem judge with the same authority as superior court judge courtsey copies of the opposition papers were not delivered to the court in compliance with local rules 2..


 


so there is more to read but very much this is it. now l don't want the pro Tem judge. he has connection with the defendant. l want to have the regular superior court judge. now what l have to do. give the best answer on this one right now.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

If you know that this pro tem judge is connected to the defendant then do not sign the motion. I do not know how you know he is connected to the defendant, but if you do know this and if you do not sign the agreement for him to hear your motion then it has to go to the regular superior court judge.

At least they are willing to hear your motion, so this is good news. It is also good news that it says the sanctions were against you AND YOUR ATTORNEY, which gives you ammunition to sue your attorney for all of this mess he has caused.
Customer: replied 7 months ago.

Hi, Paul


l just found out that l serve one of the defendant in may 23,2013 and l mailed the proof of service to court for filing and it wasn't filed and defendant never gave answer. Now do l have to serve them again and file or shall just ask another proof of service from the server and file the may 23,2013 proof of service. l don't even have copy of that proof of service. l don't know what happened.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

If proof of service was never filed then the process server has to file the proof of service or you will have to serve him again and he should not charge you for service because they failed to properly file the proof of service.
Customer: replied 7 months ago.

Hi,Mr. Paul


As you know l let my lawyer go. he withdrew from the case finally. But l think he damaged me more than what l thought. l served summon and complaint to one of the defendants and his employer of their lawyer on may,23 2013 with professional server Both have one lawyer. But l don't see they gave an answer. They have been demurring to some of the cause of action l brought against them and l am not sure if my lawyer did anything about the demur they have been filing repeatedly. Now what l have to do? If they don't answer to my summon and compliant l served? a hearing for cause of action for not filing proof of service on defendants or enter default is set on Oct,8,2013. l have to give an answer on that one.

Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your response.

A demurrer is admitting to the allegations but claiming that there are no grounds for any cause of action. Thus, you need to file for default judgment if they do not answer the summons. You do have to answer why no proof of service was filed as well.

It seems like your attorney made a huge mess of things here and has made your case extremely complex now.
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Customer: replied 6 months ago.

question? my wife is serving the defendants by mail since she is not involved in the case. all she has to mail is the summon and complaint only right? then she has to fill out the proof of service by mail and file it in court right? Is there anything she has to mail to the defendant beside the summon and complaint?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for the response.

You are correct. She needs to serve only complaint and summons and then she files proof of service by mail.
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Customer: replied 6 months ago.

Question. My sent a mail to the attorney who represented two defendants. my wife mailed only two copies of summon and complaint document to their lawyer. l am not sure if two copy is enough? If not should l send another copy? how many supposed to be?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

You should send third copy to the CEO of the hospital as well, to make sure the attorney does not refuse service.
Customer: replied 6 months ago.

l am not suing hospital. l am suing the mortgage company and an individual.


both are represented by one lawyer. my wife send two copies of summon and complaint by certified mail to the lawyer who is representing two defendants. If you think this is not enough copy then what l have to send more copy? l talked to the lawyer. fist she said send me by mail then she change her mind and told me to look for agent for service on the website and serve. she is their lawyer. she said she still representing these two defendants. she cannot refused to accept service right?

Expert:  Law Educator, Esq. replied 6 months ago.
I apologize.

Sending the coy to the lawyer then you also need to send the service to their registered agent. A lawyer does not have to accept service for a client, you need to send it to the registered agent as listed on their site for you to have proper service even though you sent a copy to their lawyer unless the lawyer actually agrees to accept service.
Customer: replied 6 months ago.

you said the attorney has no obligation to accept the service for their client unless they agreed to it. So if this was the case. why not just serving the defendant instead of their attorney would be easier. If l just served the defendant then l don't have to serve their lawyer right? l have one mortgage company and one individual defendant. l served their attorney by mail but the attorney was hesitating to accept the service. so l just have to serve the defendants itself? again?

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

You already served their lawyer you said, so they do not want to accept and you need to serve their registered agent, that is the party who is liable for accepting all legal service of process.

Some attorneys, quite honestly, want to be jerks just to make it difficult for you to serve the suit and that is all he is doing, even though he is within the law in doing so.
Customer: replied 6 months ago.

Hi, PaulYou are right. look what the defendants attorney just sent me after l spent my time to serve. " l am not authorized to accept service by mail at this time l suggest you serve AZE loan finanical Inc. In accordance with california secretary of state guide lines for service on corporation. Ms. Wilma also required personal service as l do not have authority to accept service from her." so this is the e-mail l got from the defendant's lawyer. Now l am in a big trouble because the order to show cause for not filing proof service on defendants is on Oct 8. l don't have to hire server again. l can just send mail to the previous address l serve the two defendants. right? What do you think? they are really playing game.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

You need to just properly serve the defendants, if personal service is required on one, you have to get a process server or use your wife. If not then serve both by mail. You need to send it to the actual registered agent for the corporations for it to be proper service so make sure the address you have is for their registered agent which you can find on the secretary of state's website as well.
Customer: replied 6 months ago.

Another question. for another two defendant and their one lawyer.


The professional server served the two defendants' lawyer. they have one lawyer. The lawyer received the service but l don't really see he respond for the service specifically. he is filing documents for the discoveries sanction against me but l don't see anything related to the summon and complaint l servered him for his two clients. he accepted the service for his two clients. can he refuse to respond to it legally and the service considered like it wasn't served to the defendants? If that is the case then l have to serve the defendants instead of their lawyers again.

Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your response.

If he actually accepted service, then he can file discovery and everything else he has served. If he did not accept service, then discovery cannot begin until service is accepted and an answer is filed.

I would serve the parties directly through their agents and get it done right as the attorney seems to be playing legal technicality games with you.
Customer: replied 6 months ago.

Hi, Mr. paul


Is it oak to mail only one copy of summon and complaint for each defendants?