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Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92768
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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my question is? I am the defendant can I file motion to

Customer Question

my question is?
I am the defendant
can I file motion to dismiss on ground of forged document that was submitted in court during trial by the plaintiff.
let me brief you on the status of my case
we had a trial that the judge ruled tentative decision and found me guilty on alto ego, to prevail the corporate vale that I am entitled and because of illegal sentence in the contract agreement he found me guilty of fraud as requested by plaintiff.
during the trial plaintiff submitted evidence to prove that I owe him money, a document that he forged somebody else name. the document is a construction change order requesting more money to do more work.
the document was never signed by me or any one else, it was signed by the plaintiff.
what can I do?
you did not understand me
I am a general contractor , I hired electrical contractor that sue me for extra work that he claim we approved and sign change order.
we did sign two change orders, the third change order was hand writing signature by the plaintiff that claim that my labor sign it. he basically forged my labor name.
I filed motion to dismiss based on California PC 470
can this case be dismissed based on forged documents
my question is can you show me what i have to do, check the document before i file them, correct it, fix it, make it presentable to the judge so they will not throw me out
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you had a forged document during trial, did you raise that objection during the trial and prove it was forged?
Customer: replied 1 year ago.

yes ,,plaintiff write someone ales name ,,,i got this man to testified in court ,,he told the court he did not sign any document or give any one permission to sign his name


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

On appeal, you are allowed to raise every issue that you raised in the court below. Thus, as long as you raised the forgery or fraud in the lower court and presented evidence in the court, you can argue that issue on your appeal in the court of appeals. You would argue the court committed error in not throwing out that document or not considering the document in issuing its ruling and that was reversible error in your case.



Thank you so much for using JustAnswer.com. 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. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Customer: replied 1 year ago.

so can you help me prepare the motion? can i file the motion ?


what about the way plaintiff lawyer introduce the document


asking the court to reopen the case after he rest his case ,,,and defendant was going to start presenting his defense,,,plaitiff lawyer ask the court to allow him to enter new document telling the court he have a " clear and convincing proof ,,,,but it is 100% lie !!!


he intend to interfere with the judicial system ability impartial to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim or defense


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am very sorry, but the state laws and site rules forbid us from writing any legal documents for customers from this site. Thus, I must apologize but we cannot do so.

You would have to file this as part of your motion to dismiss as one of the grounds, but we cannot write it for you I am afraid.

The court has discretion to allow the party to reopen his case after they rest. In order to pursue sanctions against the attorney, you have to prove he knew that the document was a fraud when he introduced it and if so, you would also file a motion for sanctions in the court and ask the court to award money damages for his improper conduct.
Customer: replied 1 year ago.

I'm sorry you don't reapply to my question


,,,as i need ,,,

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, but pursuant to the terms of this service which you agreed to upon posting your question we are forbidden from representing you and writing legal documents is considered representation and also is a violation of state law to write legal documents for pro se parties to submit. Thus, what you are asking of us is illegal and we are not able to do what you ask not because we do not want to help, but because your request is illegal. I apologize for any misunderstandings, but we can only provide you information and cannot violate the law to write legal documents for you.
Customer: replied 1 year ago.

if this is the case ,,,means you are limited ,,very limited in help you must disclose before ,,,I'm not asking you to write the all case ,,, I'm asking for direction and instruction that will help me ,,,,i don't mind even paying you more ,,,,but i need to file some motion ,,,and i need advice how to do it ,,,you mention asking the court to impose penalty on the lawyer for submitting forged document ,,, when do i file ,,,? now ? or in appeal ? I'm not clear of all your answer ,,,, please give me full story no just word here or their,,,

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and your understanding. Yes, our scope of service is very limited to providing information on specifically addressed customer questions. We can provide you the information on your specific questions, but we cannot do case research or draft motions or legal pleadings for you (even if you pay more because it is just against the law and we could lose our law license for doing it).

I have really told you what to do, not just a word here and there, based on the limited information you have provided us. Remember I do not know anything about your case or situation other than what you explain to us.

You have things to file here. First, you have to file a motion for reconsideration based on the fraudulent document. This is a motion form you obtain from your court's library where they have form books the librarian will show you. In this motion you need to ask the court to reconsider its ruling on the basis of fraud perpetrated on the court by the attorney in submitting a false affidavit that was proven false in the court.

Second, you would file a motion for sanctions under CA Rules of Civil Procedure 128.7, for the attorney knowingly submitting a false pleading and document to the court and in that motion you would tell the court you are asking for the judgment entered to be vacated and that a judgment be awarded in your favor.

Third, together with the above 2 motions, you file a Notice of Appeal, again you can get this form from the court librarian in the form books or from the self help desk at the court. (Understand we cannot provide forms as they are copyrighted and it would be a copyright violation to put them on this site).

Finally, if the court denies the above two motions, you would move to step 3 and you file your appeal to your circuit court of appeals. In your appeal you list ALL of the errors committed by the court and this is also going to require case law research and really should not be done without an attorney (attorneys go to law school and get experience practicing law for a reason, contrary to the belief of people with no training who want to insist on representing themselves) as the attorney has the experience to properly insert your case law to support your claims of errors committed by the court, including the fraudulent document.
Expert:  Law Educator, Esq. replied 1 year ago.

I am sorry that you think any attorney is willing to lose their license to do something illegal for you just because you insist and you do not understand that, but we won't. Good luck to you and you need to hire a local attorney if you cannot write your motions yourself, but we cannot legally do them online through this service.

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Law Educator, Esq.
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law