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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118159
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Case is in CA. Long case to explain, however, I have been

Customer Question

Case is in CA.

Long case to explain, however, I have been put on the short end of the stick - fighting the 3rd largest law firm and one of their clients and lawyers (who also represented me as well) I let into my company (tech/patents). After 3 years and being outgunned man power wise - not intellectually or by any fault, rather a cowboy judge (who likes lawyers and no pro per litigants - even though I've had counsel and they were threatened by this 2000+ lawyer law firm). The lawyer (who represented myself and the plaintiff - loads of professional rules of conduct violations - and that in the beginning, prior to the complaint being filed) blew the whistle to the CEO and Chief Legal Officer of the company, explained what imo had transpired and what I expected as a result - a flurry of attacks to distract - all of which happened). They replied back on a holiday weekend - said they were going to do a full investigation, etc. Insert -- 3 years of discovery, interrogs, depos, etc. All of which FAR exceeded the CA limits and were well into disc. abuse.

I'll spare you the rest.

A month prior to the prove-up's, their side (which includes 2 parties now instead of three - the law firm ginned up a case to get terminating sanctions - in the higher court and about to be over turned for egregiously misleading the court... btw... all looking to steal my patents, less the law firm at this point, they fell more into a Watergate situation - where their cover-up was worst then the initial crime - including but not even close to being limited to; not returning our client files of 3+ years in their native formats, etc.. nothing, thus obstructing the case after numerous requests, including in my whistle blowing letter 3 years ago, asking the CEO, Chief Legal Officer and General Counsel to "secure all my client files in their native formats, files/correspondence between lawyers or subordinates, etc. and not just secure but deliver so we were all working from the same set" --- paraphrased. This has not happened in over 3 years and the CA Bar has been useless.

So to the matter at hand.... 4 weeks prior to their prove-up hearing (ours to follow) - the judge was requested to "strike" our response to their complaint (well 2nd a.. mended at this point) and he agreed. Thus, defaulting us.... but default.

In their prove-up (and since we got defaulted, I couldn't give the court very material evidence from the depo's of lawyer, the expert witness from Stroz Friedberg (forensic firm) and a myriad of other information that would have flipped everything he ruled on in the prove-up on it's head. Perjury being the most rampant... over 10 issues in which it is not even questionable.

Ex: "no there was no signage up saying this was a recorded facility" - judge asks was there anything... anything at all? as he knew they were lying. This went on for pages of him prodding (and btw, finally doing the right thing, his rulings prior to this time frame were very suspect, one so bad, it's in the higher court, he got a copy of the first writ - pushed down from the higher court --- giving us a better prove-up ruling) - we have one of the best higher court lawyers in CA.

That ruling - the terminating sanctions - no expert testimony given (declarations.... to which he ignored ours..) and he praised the other side. When I say that... at that time in the case I was pro-per, he actually said on record "This is a GREAT motion!! and Greenberg Traurig is incredible.... err I mean.. your firm as well, mr.xxxx from Gaims, West, Weil and Epstein, llp! (GWWE)" Praised everyone like their were golfing buddies and then finally got around to me.... btw... in this hearing, my and my partners "DUE PROCESS" was clearly violated... one hadn't lived in the state of CA for months and updated everyone, but was claimed HAND DELIVERY. The same for all three... oh and the minimum 10 days to reply to a motion in CA.... I got notification day 4 (via email now as the first was hand delivery. This was to a 350 page motion w/expert declarations, etc. I managed to get a reply pleading and "expert" and get it all filed on time. He looked at our materials like it was spam (turns out now... and in the appellate court... their expert... not only mislead but lied to the court and did other egregious acts that the sanctions will be punitive.

(law firms are... you can imagine the words... and when a big monster like GTLAW) threatens them... you'd be surprised how fast they find a "conflict of opinion regarding how to go about the case.... - easiest way to get out" and jump off like rats on a ship -- I'd say sinking, but in the end, we are winning, but few loose hairs, hence this request).

@@ Ran out of typing space: "how do I get evidence into a case, after getting defaulted for no reason (judge struck complaint reply - defaulting us and our evidence to their perjury @ prove-up)? Seems a travesty of Justice."
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
If the judge struck your answer and defaulted you, then your case in the lower court is over and you need to get the default reversed on appeal first. In order to prove perjury and discredit their evidence, you have to put on your own impeachment evidence and witnesses. This means you need to actually have your expert testify to contradict their evidence and testimony and you need to present evidence to counter their evidence and that evidence needs to be properly introduced in accordance with the rules of evidence. However, before you do any of this I am afraid you have to get the appeals court to vacate the default against you.

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