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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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California Attorney only .I had a judgment against me, the

Customer Question

California Attorney only .I had a judgment against me, the judgment was set aside due to sewer service, I still had to answer suit for breach of contract ,case was dismissed without prejudice, I suffered physical, mental, financial distress . All suffering well documented. I need an attorney.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn of this situation, and I am pleased to learn that you appear to have been able to resolve the underlying issue (the complaint was dismissed).

If I understand your question correctly however, you are looking to sue the plaintiff for bringing the lawsuit against you (as well as for their improper service, etc.).

If my understanding is correct, there is no cause of action against such a plaintiff, and if you were to file such a suit, they would be able to file what is called an "Anti-SLAPP" motion (anti-strategic litigation against public participation) against you, and you would be subject to paying them their attorney's fees incurred in defending against that complaint.

However, if you have a different claim or other causes of action that are unrelated to the actual complaint or service of process, then you may want to look into finding local civil litigation attorneys.

You can find local attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

Customer: replied 1 year ago.
they sued me in Aug 2009, they got a judgment against me in Oct 2009,in Sept 2014 5 yrs later I became aware of the judgment as they levied my bank accounts, judgment was set aside due to sewer service ,a Jane Doe had been served at a previous address all the while they had my correct address and had communicated with me at correct address, the judgment was set aside, monies returned but still had to defend the suit and had to file answer in 30 days ,however SOL ran and had left me with defense. I found some good case law and managed to get case dismissed on Jan 2016 almost 7 yrs later.
I believe they got this judgment based on fraud ,and only moved to satisfy judgment after my SOL had ran .The suit was for breach of contract for a vehicle that I had co- signed for that was dead in my driveway for the same dangerous transmission problem that had been repaired twice and would have met the criteria under the lemon law , I'm self employed and was in the process of rehabbing a house was forced to rent it out lost clients in the process and suffered embarrassment and bounced checks due to the levy, further they found assets (rental income)to go after and lived with the constant threat of levies , garnishments . During the period of Sep 2014 and current day I've been treated for Ulcers, insomnia , depression ,anxiety, all treatments and procedures well documented (endoscopies, sleep studies, phych evals ect).
So no not just upset because someone sued me. I suffered personal injury and financial loss.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am not trying to minimize or ignore the very real impact of having this kind of fraudulent litigation being brought against you.

What I am trying to help you do though is help you avoid potential economic liability (an "Anti-SLAPP" motion carries a mandatory attorney's fees penalty), if you were to sue the plaintiff for bringing a lawsuit against you.

(The focus is on what the basis of liability is, not the damages).

However, if you want to consult with a local attorney they may be able to review your case and possibly identify other causes of action that are not dependent on the actual civil case (or a cause of action that they believe is not going to run afoul of the Anit-SLAPP statute (but be aware, this statutory protection is extraordinarily broad and is likely to encompass almost everything, if not everything that you have identified here).

(You can also file a complaint with the California Attorney General's Office - the AG can investigate the business and potentially take administrative and/or criminal enforcement action against the business - it is unlikely that you are the only consumer they have taken advantage of:

Customer: replied 1 year ago.
That's what I'm attempting to ascertain here if I have a case or not, of course I can pick up the phone and shop for an attorney that's what I'm trying not to do, I'm trying to get an attorney ,I'm aware of the SLAPP Anti SLAPP statutes ,and your answer just tells me to look for an attorney and file complaints, I was under the impression that an attorney would be able to evaluate my case and hopefully be retained .I'm not satisfied
Expert:  CalAttorney2 replied 1 year ago.

No, this is a "general information" forum, we cannot provide you with a formal legal opinion of your case (that is the practice of law which we are not permitted to engage in on this forum, and is outside the scope of the disclaimer that both of us agree to when using the site).

But if you are already familiar with the Anti-SLAPP laws, you are going to already readily aware of the significant limitations to any such case that is based on bringing a suit based solely on the conduct and litigation procedures in a prior case (this is basically a "textbook" anti-slapp case). Even if it were to somehow get by, you would still have to deal with the "litigation privilege" (an evidentiary hurdle that is going to make it difficult to prove your case in court).

So, while I can provide you with the most significant hurdles and likely bars to any potential recovery, I cannot provide you with a formal legal opinion (which you would not want on a public internet forum where there is no attorney/client privilege in any event).