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Recent Motion for Discovery questions
I have a case of malpractice against my former family law
I have a case of malpractice against my former family law attorney. Results of my case was that I lost decision making rights to my daughter and I received severally harsh sanctions.I have contacted malpractice firms here in Colorado and although they say I have grounds for a case against my family law attorney but they do not want to invest the money or time for an unknown amount of money as there is no way of knowing what loss of decision making is worth, so I have been politely turned now.A simple example of negligence is where I have been fined with a sanction due to my attorney requesting an enlargement of time and then submitting my written closing argument late. This is clearly the responsibility of my attorney. The sanction for this was for $475.If I cant find someone/law firm who will take on my malpractice claim, can I do it myself as a pro se party?Is this is a civil lawsuit and are the steps similar to wiring motions to family Court? What are the steps. I have been pro se now since being drained $50, 000 through three attorneys in family Court, so I know how to write a motion, prepare discovery and put together an evidence book.Lastly, can I also go to small claims Court to at least get back this $475 if I do not have the ability to sue this attorney on my own?Thanks.
Is there a set number of days before a family law trial in
Is there a set number of days before a family law trial in which you are supposed to file a discovery motion? I'm the respondent, in Pro per, in a family law case. The Petitioner is represented by an attorney. We have trial scheduled for January 26, 27of 2016. I lawfully propounded interrogatories on the Petitioner several months ago. I have sent several meet and confer letters requesting response, but haven't received any thing at all. I see from CCP, I need to file a motion to compel response. However,I am worried it is too close to trial to file the motion. Please advise?
Should I file a motion to dismiss against the plaintiff who
Should I file a motion to dismiss against the plaintiff who did not reply to our counterclaim or should I file a motion for a default judgement against the same plaintiff? The initial complaint was so vague, ambiguous and contained a lot of inaccuracies, etc. Any advice and/or suggestions greatly appreciated, since we can't afford to hire an attorney. We do have a pretrial hearing scheduled for next month.
CS Modification/ they filed a Motion : This
CS Modification/ they filed a Motion for Modification : This is a post Judgment motion . What discovery am I entitled to , I believe there are hidden assets because the lifestyle ( vacations ) cannot possibly be supported on the SS and CS amounts previouslydisclosed. 1.) Subpoena Bank Accounts ? 2.) Credit Card Statements ? 3.) Interrogatories ? 4.) Tax Returns Been unemployed for a year and something is amiss ! ?
Family Law-Child Support-Motion for New Trial ***For Expert
Family Law-Child Support-Motion for New Trial ***For Expert Attorney, Socrateaser*** Family Law Matter: CaliforniaSubsequent to my divorce settlement on property divsion, last year I concluded a multi-day child support (permanent) trial for two minor children, 50-50 legal /physical custody. Notice on Entry of Judgment was filed on September 4, 2014. I am filing a Motion for New Trial based upon the facts below.FactsEx is owning/controlling executive of sports agency that I started with him during marriage. Gross income of ex was determined to be $450,000 annually of which $120,000 is salary (per shareholder agreement) and the remainder is bonus and equity distribution. During trial I asserted that Ex was not disclosing all of his income and I again asked for a cash flow analysis (which the Court again denied) and I also requested income of ex to be annualized based on total income. Ex complained that only $10,000 monthly was guaranteed per shareholder agreement. I argued that bonus and equity distributions were in total control of Ex as owner/controller of company and that both bonus and equity distributions were predictable and reliable over the last 4 years, including the upcoming year as testified to by Ex.Court denied my request for setting guideline child support based on annualized income of Ex. Court ordered Ex to pay guideline child support of $875 monthly with Smith Ostler on bonus and equity distributions (which typically occur in July and December). I was also imputed income of $5,000 monthly.On September 20, 2014 Ex remarried. On September 25, 2014 Ex purchased home for $2.4M. I was able to check county records which show down payment was $545,000. Ex does not have the amount in savings since 90% of his bonus and equity distributions went towards paying property/business division award as installments to me over the last 24 months. Further, new wife (also recently divorced) has modest income and savings according to I&E declaration from superior court records.I believe that Ex has other undisclosed income. I have also believe there is additional community property that Ex did not disclose which may be providing him income. Additionally Ex has ability to advance “funds” to himself from the company at will. (Note: At trial I provided evidence that he was able to unilaterally issue a check, for $100,000, purported to be a “loan” to his father without any accounting or shareholder oversight)Ex is also 6 months/$25,000 in arrears on Smith-Ostler child support from 2013 bonus and equity distributions.Questions1) I am filing a Motion for New Trial. Do I file as a Request for Order (FL-300) and indicate under Other as Motion for New Trial, or to I type out as a pleading?2) If I file a Motion for a New Trial I believe I am able to serve a Request for Production of an Income and Expense Declaration After Judgment? Can I also propound discovery and/or subpoena documents? (e.g. from lender and regular bank)3) Should I also file a Motion (FL-300) requesting a modification of child support at this time to “preserve” and have the filing date entered as soon as possible?4) I have not completed a request for a wage assignment. For the current arrears is the most expeditious recourse to file a RFO (FL-300) and Application to Determine Arrearages (FL-490), and a Notice of Delinquency (FL-485)?
I have been married for 30years. My husband has been serially
I have been married for 30years. My husband has been serially unfaithful. He has sent people to my home while he has taken me somewhere else to confiscate any evidence I might have managed to obtain. I believe he has bugged my phones because I have heard people in the background making comments directly related to what I have been talking about and he has made comments about things I have talked about when he wasn't there.. Upon investigating sites where they sell spyware I have recognized these items in my home. I believe he wanted to know what I knew. I think because he is tired of looking over his shoulder I believe has gone to one of those people who hides and protects assets including his business.. I have seen evidence of this and he has made comments..my carrer has been taking care of family. What are the real chances of finding assets when somebody does this to you. He's not one of those people who will play fair nor payup even if ordered to. He spends all of his time gaslighting me. I'm too old to start over with nothing and because I thought we could work this out I have created a monster in that whenever I saw something and was honest with him about it he "disappeared it" or just used technology to get around it like spoof calling or getting another phone or another number I couldn't trace. What can I do? No fault state.
If there is an open action meaning no final judgment, and theView more family law questions
If there is an open action meaning no final judgment, and the judge reserved jurisdiction of the entire case and said that he will rehear everything from the beginning on the merits of what I find in discovery (which is what the judge said when he granted my second motion to compel discovery), then can I proceed with a much needed third round of discovery? My ex wants to quash my motion for a third round of discovery saying that there is no open action or motion filed.