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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Looking against privilege in CCC 47()

Customer Question

looking for argument against privilege in CCC 47(b) regarding perjury by person asserting privilege??
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
not a family law question
Expert:  socrateaser replied 2 years ago.
What does the alleged perjury relate to?
Customer: replied 2 years ago.
Sir, this is a real estate litigation question, not family law. if you know the anti-SLAPP issues relating to a motion to strike causes of action in a complaint, along with my response to said motion on grounds the cause of action trying to be striken relates to the privilege in litigation regarding ca. civ. code sec. 47(b) and when perjury or malicious prosecution is the primary driver of plaintiff's claim. plaintiff bought my house in short sale, sold it back, agreed to carry mortgage for 5 years, i offered payoff she repudiated the residential purchase agreement claiming non-payment of deposit, no knowledge she was mortgagee, among numerous other false claims.
Customer: replied 2 years ago.
plaintiff's counsel is claiming the litigation privilege to my cross-complaint because i referred to her statements in her complaint not her verbal misrepresentations to me personally which brings up the right to litigate and say whatever she wants. however, her claim is based in her desire to take the appreciation in the house since she sold me the property in feb. 2010, not the value when i offered pay off in april 2014, house has appreciated about 100K during the term of the mortgage she denies she had any knowledge existed.
Customer: replied 2 years ago.
are you there??
Expert:  socrateaser replied 2 years ago.
Okay, thanks. I'm sure you realize that your case facts are extremely complicated. Expecting me to read your brief summary and understand the issues involved in a special motion to strike, is unreasonable. You're obviously pretty savvy about the law (maybe you're a lawyer, or a paralegal, or just a really diligent layperson). Regardless, without reviewing the motion to strike, and your formal complaint in the civil action, I would be engaged in pure speculation to offer you an argument. Under the circumstances, unless you want to take this offline and pay my hourly fees for legal services (which are considerable -- and if you were in that financial state of mind, you probably would have already hired legal counsel), the only thing that I can reasonably offer you is a case that provides some interesting argument, which at first blush, appears to be in the zone of your circumstances. Will that be satisfactory?
Customer: replied 2 years ago.
No. I have a JD and 20 years as litigation secretary/paralegal. have been working on case for a year. my question can only be answered by someone who knows california law re anti-SLAPP in the context of the privilege to litigate under civ. code. 47(b). i understand it is complex, many attorneys have refused to take the case. can you refer my question to an expert in anti-slapp and ca. civ. code mentioned above?
Expert:  socrateaser replied 2 years ago.
I think you don't really understand how this website works. You also don't realize who you're talking to, but that's a consequence of the anonymous nature of the website. Anyway, I'll opt out and maybe someone else will be willing to jump in and assist.
Best wishes with your legal dilemma.
Customer: replied 2 years ago.
I don't realize who you are, yes, but you sound like you think you are god. if you were well acquainted with these areas of law you would know the answer. thanks anyway. perhaps someone else will pick it up, perhaps not. thanks anyway for your time!
Customer: replied 2 years ago.
your name is ***** *****
Customer: replied 2 years ago.
i would rather have a refund. i can pay a bar association lawyer $30 for half hour on the phone and put up with his insults. please refund my payment.
Customer: replied 2 years ago.
don't want a family law attorney.