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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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The court hearing is over and the judge asked each party to

Customer Question

The court hearing is over and the judge asked each party to submit the transcripts of depositions made before the previous court's judgment so that he may make his decision based upon them by last Friday. That is what we did. Then, we found yesterday that the opposing party submitted supplemental declarations which contains fabricated, false numbers to mislead the judge. They were trying to exploit the fact that there will be no more discovery session to verify their numbers. What kind of legal recourse do we have to stop them?Our attorney contacted the court and says;
The clerk for Department 00 said it sounded like Mr. ooooo(the opposing attorney) “was trying to pull a fast one,” and if we felt like we had to submit our own supplemental declarations, we should do so. Obviously since the Judge was not expecting supplemental declarations, we should try to file our supplemental declaration.I know appealing the court's ruling, if adverse to us, is one. However, we want to act before the judge make his ruling based upon such misleading, manufactured numbers. Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. I have been a CA licensed attorney for more than 30 years. 1. Your situation is unclear. You are referring to a previous court judgment and a recent hearing. Are you in the middle of an appeal of some sort? Please explain.2. What do this fabricated number have to do with? How are the number relevant to whatever hearing you just had?3. What was the purpose the judge has in mind for asking for deposition transcripts?4. You refer to your attorney. If you already have an attorney, what are you specifically looking for from me that you are not getting from your attorney? Doug
Customer: replied 1 year ago.
Hi Doug,My question was meant to the attorney who answered my question a week ago. It's ok, though, that you may answer this question.1. Our company has been in a legal battle with another company in the same industry in california. We won the case years ago assisted by an industry expert. The opposing party appealed the case and we won again. Even after that, they are not complying with the judgment citing the judgment, moreprecisely the Term Sheet agreement which the judgment is based upon, is being interpreted differently between them and us. The court heard our post judgment motion last Monday regarding the interpretation of the judgment.
2. The judgment, and the Term Sheet agreement between the parties which was the basis for the judgment are a little vague and each party interpret them differently. Account numbers and per account profits were used to gauge the damages we sustained and the opposing party had agreed to make us whole by assigning us a revenue stream. So, numbers have been being used to justfy each party's interpretation.
3. He must have wanted to see how the case has got to this point and who said what in what kind of context during the whole process.
4. My attorney says it the court's ruling is adverse to us, then appealing it is the only legal recourse. I want to get a second opinion if there is any way to stop the false information being considered. Once a court ruling is out, then appealing the ruling costs a lot of money, time and efforts.Sooyoung
Expert:  LawTalk replied 1 year ago.
Good morning, Thanks for the articulate clarification. Well, it appears that the issue here is that the Supplemental Declarations were not ordered by the judge following the last hearing and unless a party requested the opportunity to file a supplemental declaration or to submit additional points and authorities, then the submission of these things is arguably improper. In my litigation experience, some judges will outright ignore the supplemental filings as not having been requested or approved, while other judges will pretty much look at anything. Were this my case I might consider filing a Motion to Strike the supplemental declarations as being untimely, or in the alternative seek an order re-opening discovery to allow limited discovery as regards ***** ***** pleadings submitted by the opposing counsel in the form of additional declarations. Of course if the court's ruling is adverse to you, you will have the option of appeal---but that is just the system and you really can't do much about that. And yes, of course, you could file your own supplemental declarations. However, in doing so, you might well be inadvertently sending a message to the judge that you are not objecting to the opposition having filed a supplemental pleading that was neither ordered nor authorized by the judge following what I presume was to be the final hearing in this matter before the judge entered a final order on the matter. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.I wish you and yours the best in 2016,Doug
Customer: replied 1 year ago.
I think your answer is enough for now.
Thank you.
Expert:  LawTalk replied 1 year ago.
Thank you for your kind words. They are appreciated.Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.Thanks in advance.I wish you the best,Doug
Expert:  LawTalk replied 1 year ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug