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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My attorney failed to attend a status conference, where the

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My attorney failed to attend a status conference, where the plaintiff who did attend, filed a motion for summary judgement and it was granted. Since the attorney had his office as location of service, no further service was made to my residence, until the 5 day Notice to vacate was posted. There is a separate complaint that is at issue here, against the plaintiff that is set for November, 2 months from now. Is the inaction of the attorney sufficient reason to make a motion for stay of execution?
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, were you there at the status conference, or nobody appeared? Also, are you considering action against your attorney for missing the conference, or you knew he would not be attending?
Customer: replied 10 months ago.

I asked if I needed to be present and he said no need. I was led to believe he would be. I found out no one was through the online system at the San Bernardino County Records. I have delivered the Notice by hand, electronically to his office and made phone requests, email requests to his office, with no result back to me, I have to consider malpractice at this point. This is a very easy case. The plaintiff is the holder of a trust deed that went unrecorded for two years, I refinanced my home on a reverse annuity mortgage and the plaintiff foreclosed on the trust deed which is legally in third position. Litigation is being pursued on the foreclosure issue and is at the heart of the matter.

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

You should not just consider malpractice at this point---this IS malpractice. By failing to appear, your attorney cost you the suit, and as you cannot use his absence as a good reason to appeal, you would need to pursue the attorney for your losses. I honestly do not see the motion for a stay as something that would be granted since his failure to appear is ultimately your issue and not the issue for the courts, but it may be granted if you can somehow show or prove that improper or inadequate notice for this status conference was provided to you and your attorney. But I likewise have to be honest and state that this is going to be a bit of a hopeful motion that realistically the courts are highly unlikely to grant.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Thank you for this response. I understand.

Expert:  Dimitry K., Esq. replied 10 months ago.

You are most welcome truly. I do apologize for being the bearer of unwelcome news, but at least you do have some recourse here at least until the attorney.

Hope that helps and please let me know if I can assist in any other way. Otherwise if satisfied, please do not forget to positively rate my answer so I can obtain credit for my work. Thank you!

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