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ok i will verbatim,attempt to walk you thru.and tina is here with us today!
(helping her as much as i can paul.)
Now:before she arrive, earlier,the attorney has call me. (before her)so odd.
but he in a nutshell,ask me if i am "understanding that"since he did not at all sign a agreement for such "lawyer representation with the court"and since she did,"this did not mean he took her case,and her child lawsuit case involving CPS!"Is he right paul?
he then say,"I did not have all of the facts,to base a fair conclusion" on if
"yes or no"if tina has a "real claim to sue"and how it should be written up
etc.if she did have a claim!!!
So paul.i just literally laugh,because i am saying to this "attorney"but your
draft,clearly is written per "count"and cause of action,so what am i not
seeing her counsel.and his response; Heather-Marie,i really don't think so,at "this point"because i did not know"1"substantiated,of excessive corporal punishment was against her!(and upheld 2x by a appeal judge!)
I said,but your email back and forth with "tina"demonstrate the complete
antithesis,whereas; your saying to her,your understanding all of this and
your even commenting on having to acknowledge,there was yet 1 finding
of corporal punishment,or as appeal say,1 incident of abuse & neglect
by "Excessive use of corporal punishment " so why are you now attempt
to say your not"aware"of this finding,on the record!
BOB GOT SO QUIET PAUL.
Then i encompass:
There is no way your seeing the withheld evidence; i.e. pix,showing no abuse!(in the SAME location where child was allege to be so brutally beaten,withheld by CPS!
There was a internal report(s)showing caseworker never was even able to prove child abuse,even complimenting the primary caretaker(mom!)
and her home.
There is a police dept.(supplemental report)exhibit,"another worker, for DYFS,DCCP adage,"we can't prove abuse assault complaint at this time but "will keep cops posted"if warranted.
So i told him,"You either did not read this,did NOT provide diligence,with so much evidence she share with you,and LIED to her misleading her to think your reviewing her email file,OR "your lieing about" what your train
in,as a "personal injury lawyer"with sex abuse,and other claims re:CPS.
He was so quiet paul,and only ending it with,"Well,that is all i have to say today since i know your helping her"with emotional support,and legal research etc. heather,and he say,"but i m goin to inform her to day i can't
re-consider"i "had a headache"ALL last week over this,and i told him,
and HOW DO U THINK TINA FEEL, your making her go to the E.R. for chest pains,and she has No history,in her early forties of such until you shock her by quitting the case,your promising her to represent her,even provided a draft,as with your name on it,sir.That is nefarious to do to her
and i am glad she will be suing you then and i just hung up on him.
i await your full response to his points raised.
BTW:(by the way)
tina then hear from him
and he essentially cited almost the same,but with her was"actually"he turn on her,NOW saying,'well how do you expect me!"(YELL AT HER)
to represent, you when i did not "See"nor have all facts like the 1 finding?
But again paul,he is telling her lies,he KNEW because her paper trail
via email and fax,demonstrate he knew from her since day 1 a finding did exist,
BUT HE IS IGNORING the most significance as i told him and her:
1. Appeal said(1)finding was NOT enough i.e. spanking etc. to keep a child from her own parent,and state"cps"agency MUST hence,have other serious allegations in order to NOT reunite parent,and child. paul.
DYFS ,DCCP for five years knew this and IGNORE each appeal ruling
until 2010 or so or 2011 clearing the parent of"all additional allegations"
by this time the child was already home same year mom was cleared.
alot to read,so take your time,and again atty.is ONLY i told him focus
on the"spanking ISOLATED 1x incident"and he is again saying how the
"appeal has spoken"but yet the appeal are the ones who said,dyfs has
to investigate,either prove "a danger to mom"or not etc. if not the child it say can NO LONGER BE DEPRIVE, and also adding"importantly the nj parent"because the "un-investigated allegations" continue to "Darken"and cloud the record,and,affect the"Constitutoinal Right'of tina the parent.
THAT IS WHAT you see paul,he is not focusing on.
as a result,sadly "the child was brutally assaulted,repeatedly"
but he is not"Seeing this"but yet his draft make it appear he did.
i await your urgent CLEAR feedback
and HE KNOW HE IS NOW RISKING BEING SUED.
LASTLY:she told him,i am still going to either file my own suit,but with YOUR draft attach,with your name on it,and he told her, "GO AHEAD"she
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OK(she say thank you sitting here)leaving here,and she say thanks too!
i have just hung up with a attorney with prowess in handling 100% legal mal.
cases in fla.nj.nyc.mi and PA.; chicago.
this guy was saying analogous to you paul and i quote:
1. heather-marie,yes the atty. from what it appears"on its face"without a view of his "Draft"alleged to have been written for her per count,cause of action,yes this man has committed LEGAL MALRACTICE.i was happy
paul hearing this at 6:15 p.m. and JUST hung up almost 1 hr.consult.i am
happy as Tina,he said the fact he:
a.)contact court in writing adaging,to extend deadline from april 5 for just 1 month,to add on"and or review docs to "investigate MORE cupable parties;to be encompass,not "to see if she has a claim"cause of action demonstrate,he "already believe she has a claim on the"already file suit"
b.)he inform mom,and child "yes"i will represent you,get me ALL docum.
that are currently in your possession to"begin the process"as i review,but
yet he"actually not only review!(he actually put HIS NAME on a well written lawsuit with the facts! he draft,a per cause of action count 1,2,3,4,
And signed"bob" ________-.attorney for BOTH plaintiffs,mom and child.
The attorney for legal mal,adage,
"1 spanking i agree with online counsel at just answers,and as a paralegal he say,and professional in the biz heather,yourself realize it is
a form of mal,that she is able to win money damages from,he is very much interested,however paul as your adaging,he say to first be sure to
"Remove attorney crappy name"and to be able to file"within deadline"the statute,to just file it.i mean the claims are written superbly,strongly and by fact(s)with exhibits,to be attach heather-marie,and he said TINA will be able to i hope find attorney IF she is able to defeat,the defendant CPS
lawyer's Motion To Dismiss,which we all know he will file against her to have it dismiss.
Attorney said paul:
i do believe he has committed legal mal,premise also a fact he told her
repeatedly"i am your counsel" DON'T WORRY,no need to "fret"i will file
this for you timely,when i am returning from vacation by,end of april 30
may 1st.your having"plenty of time"
Then he return,the two "speak multiple times again"goin over ALL claims
per count,and yet?He tell her last week,he is not going to represent her.
2 TO 5 or 6 days prior to file?
he agree,paul in closing,"this time frame is not long enough to procure a attorney with such prowess in this complex field,but she sure is going to have a "hell of a legal mal"
and again he agree wholly with you paul.
lastly he adage, have her call also Judge law clerk,and just advise them by phone, what is taking place,and tina did this. i overheard nice clerk say i can't give out legal advice but"what a jerk!"she SAID THIS lol and i heard tina say,"yes"and how the clerk say,just in writing by may 5th or so.
let judge _____ know ,what he did to you so wrongly,put IN writing and
request a longer time to file,by or before end of may at least your then having 4 weeks or less to find counsel,OR file pro-se and keep looking for a lawyer,at the least,as legal mal attorney say,"At the least"her statute
of limitation;to file is met.
Tim,the attorney was great! adding how the guy"PAUL"is telling you for tina what she need to do,tell him i "high-five"his legal answer aw.that was nice and i told him i ALWAYS utilize paul as a paralegal i like to be sure
and he say,"Paul has it right,the attorney"has to file this,and if not it is legal mal without A DOUBT!
so tina call again attorney leaving msg.again "your my lawyer"and i expect this file,as i am told by legal mal attorney,and other counsel if not then i am suing you,sir,for which your in breach etc.
oh i know!
i just smdh.(shake my darn/damn head)at this sir.
oh! forgetting to say;
Attorney Tim also had mention;
just be sure she,paul"definitely attach" why Res Judicata should not apply.
he"Agree"the fact 1"substantiated abuse finding" excessive"corporal"for a 1 time incident,leaving "NO SERIOUS BRUISING/BRUISES"and surely no broken skin, should have not resulted in,"As appeal cite"barring mom
from her own child"for so many years.
he said,res judicata will not apply here,"should not"premise on the fact:
1.)BOB attorney at least did write, paul"this arguement should fail on a state action;(opposition for mtd. motion to dismiss)mom was cleared 1x
in 2010 again during 2011 "in writing from executive order"clearing her
name,"as all other "serious"allegations were marked as UNFOUNDED.
hence,"whenever a wrong is"overturn" paul he adage,this allow the person "Falsely accused"etc. and or jailed,or just even substantiated
in a family court civil part matter,allow such party to sue,for such injuries
resulting from the
2.)failure to TIMELY investigate,as the appeal order this multiple times
and as a result paul as "that failure to investigate"way back 6 yrs ago the
child suffere,repeat horror, in foster care.,and mom lost famial association time,with her child guaranteed as seen in so many case law
Paul,do you agree about that?
he say attach the finding that say OVERTURN by the "state"office of the attorney general,and where appeal(five yrs.prior said INVESTIGATE)
he really think it will show,the judge,ok..."This is a new claim"because this was not PART of the old claim,and also 3 new worker(s)and 2 foster parents are being sued who are all again NEW paul.
he did add,but her daughter claim(s)no matter what,are going to be a settlement,no way they are taking this poor rape victim,of extreme abuse
through a trial,the state of NJ has multiple lost claim(s)and has settled
em all,1 pro-se and multiple with lawyers,all similar to what has happen here.
caseworker "to hide"he say evidence,and report,Judge child is well and
in school,living with the other parent,yet"all knew"at the time of going to court,child was in the hospital,or suicide attempt?and had been"lost"in the same system that SUPPOSE to protect her! he really said he feel as u paul,"her claims are cemented"but that to just attach for mom/child both
"enough sufficient evidence,to "BOB"well written statement of claims; cause of action,per count,and be sure to "not put everything in"but enough to support i.e. "dr. report adaging horrific word of gang rape and another sex abuse assault in "van"and beating by foster parent,along with Report of"zoloft"given to a once happy child,which cause her to want to kill self under state supervision.
i was not here for few days.
and morning paul!
i was just helping her,and others with such pro-se self file consulting and draft proofread assignment,and case law,research etc. and my classes.
and thank you. we got it.
oh! and one thing b4,i ACCEPT answer;
when she is to file her Amend-Complaint due may 4th two things:
1. since it fall on a weekend the 4th-5th,the court will allow it to naturally b
file "the following biz day"i think this is fine, correct?so that is on monday
2.She should serve the main office of dccp,dyfs of course she know this.
and also per defts,or main office is fine.
check back in soon.
(might have other query later,have not been here several days so busy
helping her and others,we are very appreciative of your help as always!
your the best.clearly astute,and "the legal mal attorney tim"i will keep u as always posted, Tina just VERY happy she is able to file as there is as you agree,and tim "sufficient fact(s)with few good strong exhibit supporting what the state did was beyond gross negligent,so many secrets,and misrepresentation,ya know....
awaiting your answer,before i ACCEPT
i thought this was as always accurate i just love to triple-check .and do u really think she has to serve per caseworker,or i don't think it is always warranted,even if some attorneys do,and or pro-se.etc. let me know.
thank you paul. last question premise on Res Judicata,since mother already sued prior....(Only from her wrongful removal)but was 4 yrs later, judge told her...Statute of Limitations to sue caseworker,ran out naturally,but below is a case whereas; case law support:
1.Can sue,if new facts"that was not able to be known,or was known during such time,and or could've been raise during first"set of fact(s)for 1st suit."
so query is:
1.Tina sue yes years ago sir....but "new facts"against 3 new workers and
1 same worker(hid the fact child suffer all of the above"and hid the fact a man was 'convicted of the crime,NOT until MEDIA advise mom her child was in a hospital for"rape examination,related to a man raping her near group home"and also facts not known are new i.e."missing person"!the
bulletin was NOT issue by NJ State Police,local,county sheriff;police till
years later paul,so these are ALL new facts correct?
see below,from my research i have on such.thank you!
trying to get exact link from attorney(assisted me with research weeks ago on this for another family,but this 1 i feel FIT tina perfectly(i hope!)
ok check it out below!
"Under the doctrine of res judicata, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter. The rule applies not only to claims actually litigated but also to claims that could have been raised in the prior litigation" (Matter of Hunter, 4 NY3d 260, 269 ). The rationale for the doctrine is that a party who has been given a full and fair opportunity to litigate a claim should not be allowed to do so again; allowing relitigation would undermine the interest of the community and the litigants in finality (see Ryan v New York Tel. Co., 62 NY2d 494, 500 ). Relitigation of claims also inhibits judicial economy (see Matter of Reilly v Reid, 45 NY2d 24, 28 ). The dismissal of a claim on the ground that the statute of limitations has run is a determination on the merits for res judicata purposes (see Smith v Russell Sage Coll., 54 NY2d 185, 194 ; Sosa v JP Morgan Chase Bank, 33 AD3d 609, 611 ; Cold Spring Harbor Area Civic Assn. v Board of Zoning Appeals of Town of Huntington, 305 AD2d 444, 445 ). Here, the plaintiffs could have raised, in action No. 1, their current causes of action arising out of the transfer of the premises in 2000. The causes of action arose from the same operative facts and concern the same property. Thus, the dismissal in action No. 1 of the causes of action arising from the 2000 transfer as barred by the statute of limitations, is res judicata as to the plaintiffs' current causes of action arising out of that transfer (see Cold Spring Harbor Area Civic Assn. v Board of Zoning Appeals of Town of Huntington, 305 AD2d at 445). Consequently, the Supreme Court properly granted that branch of the defendant's cross motion which was to dismiss the first and second causes of action.
However, the Supreme Court should not have granted that branch of the defendant's cross motion which was to dismiss the third cause of action, which sought to recover damages for breach of contract based on the agreement. First, when the court granted the motion to dismiss action No. 1, it granted that branch of the motion which was to dismiss the equitable claim arising from the agreement, which was allegedly entered into in December 2006, on the ground that it failed to state a cause of action, not on the ground that the statute of limitations had run. The granting of that branch of the motion which was to dismiss that cause of action was not a determination on the merits. Consequently, res judicata does not bar the current cause of action alleging breach of contract based on the agreement (see Plattsburgh Quarries v Palcon Indus., 129 AD2d 844, 845 ; Furia v Furia, 116 AD2d 694, 695 ; cf. Maitland v Trojan Elec. & Mach. Co., 65 NY2d 614, 615 ; Lampert v Ambassador Factors Corp., 266 AD2d 124, 124-125 ). Moreover, in evaluating the sufficiency of pleadings in deciding a motion made under CPLR 3211 (a) (7), "the court must afford the pleadings a liberal construction, take the allegations of the complaint as true and provide plaintiff the benefit of every possible inference" (EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d 11, 19 ; see Matter of Haberman v Zoning Bd. of Appeals of City of Long Beach, 94 AD3d 997 ; East Hampton Union Free School Dist. v Sandpebble Bldrs., Inc., 66 AD3d 122, 125 , affd 16 NY3d 775 ). The plaintiff's ultimate ability to prove those allegations is not relevant (see EBC I, Inc. v Goldman, Sachs & Co., 5 NY3d at 19; Knutt v Metro Intl., S.A., 91 AD3d 915, 915-916 ). Here, the complaint adequately states a cause of action to recover damages for breach of contract based on the agreement (see Cottone v Selective Surfaces, Inc., 68 AD3d 1038, 1039 ; see generally 2-5 Corbin on Contracts § 5.24; 2-7 Corbin on Contracts § 7.17; cf. Denburg v Parker Chapin Flattau & Klimpl, 82 NY2d 375 ; Joab Commercial Laundries v Reeder, 159 AD2d 489, 490-491 )
HA! i knew my research hence is again gold( thanks to also your help sir)
we have spoken on.,prior analogous cases.yep.but this one is not the same
and plz see CLEAR comparison below from this student of law thank you paul.(because her ONLY fear as "she told bob"is this,knowingly she has so many GOOD STRONG claims,and bob her former counsel did agree the res judicata,should "not"apply,then i ask tim, the legal mal atty.say it too
see below what i say FIRST,and then read the ending of this great case law!
ok we are almost 100% agreeing today however again keep in mind:
1. child (portion of claim is suing"prior workers"sir,and some new"as we know tolling the statute,allow child to sue"at eighteen just about in each state correct?"so she is suing,the child for such"all workers"negligence.
2.but "tina"her mother,is suing from again"being cleared"and yes the overall intentional infliction,of such emotional distress;paul,and the hinder of a child in hospital from so many injuries,all of 2010,and some of 2011.
comment on above:again they just wanted to sue "under one umbrella paul"and as your reading "BOB"former attorney amend-complaint,sir he
himself,"did not discrete" feel a need to seperate mom/child,he said,as he was pleading in a cause of action,about the "never known"etc.res judi
not apply etc.
and lastly:after commenting on 1. and 2.
also last case law review is this paul:
bob really did enumerate much for her.glad she is utilizing ALL of it in her pro-se self file lawsuit against horrid cps caseworker,and she surely is in a good position,even prior to finding me, she is just grateful to then after bob ditching her(legal malpractice) . that she find us,through some 1 on facebook who i,and owner Bella did help,with write-up;edit,etc. proofread service,and legal extensive research,
so she is going to be just fine.and again thank you so much paul. i left another bonus$ for your legal input answers,always are the best.
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