What is the name of your state?What is the name of your state? CA
[Unlimited Civil Case - Intentional PI/Tort]
My worthless attorney withdrew and granted with a non-appearance! Which means he’s left me as usual to finish his work. Here's some details and where I need help:
A decision was made for the PL (me) on the Default Prove Up. There was then a Motion for Reconsideration. The attorney was negligent failing to prove up on both. As far as the courts concerned, the matter is concluded (per the judges words).
The day before the Motion to Withdraw was on calendar, the attorney finally filed (to be filed 1-mth prior) the Proposed Judgment without my knowledge or consent that I rejected. He, once again named defendant(s) incorrectly making it uncollectible. He filed an amendment the day of the motion, still incorrect (so incompetent! or intentional?)
The court has entered the Judgment. To my knowledge, it has not been served. The attorney had and still refuses to communicate. There is no POS filed. He also still has not turned over my files from this case or yet another from last year. (The judge was aware before granting the motion.) I have to assume “I need to” complete the process timely, which I’m unclear of..
On the Proposed Judgment the attorney wrote, "The COURT ORDERS: Plaintiff to prepare the judgment, serve it on the opposing party, and file it with the court within (10) days of July 19, 2005."
Questions & Concerns:
I need to amend this judgment again (in pro per) to finally after (21) months have the defendant name correctly. I can write it from what the attorney already submitted with the name corrections, yet I'm not sure that the content is correct either.
~Is there a format for writing a Proposed Judgment?
~I read CRC, rule 232 and see nothing on signing, serving and filing in (10) days?
~What about and what exactly is the Proposed Statement of Decision? Something I need to do also?
The Defendant answered the original & amended complaint serving me, not my attorney. I have a civil restraining order and criminal protection order. The defendant never participated in the case whereas the answer was stricken on the trial date.
The defendant moved, leaving no forwarding, never filing a change of address with the court. My attorney, although ordered by the court to locate the defendant, throughout the case served the defendant at the "last known address". I continued to notice my attorney of the whereabouts of the defendant. He refused the information. I informed the court when my attorney failed to appear (several times) where the defendant was.
~Do I serve the defendant at the "last known address" as my attorney always had or am I now responsible and/or legally obligated to confirm the known address and serving the defendant there?
When I've previously had to file amendments with the court, I served the defendant on the court, CRC 202.5, "Service of papers on the clerk when a party's address is unknown", & CCP 1011(b).
On a separate note, on preparing, serving and filing the Proposed Judgment, as I mentioned earlier, I did not consent or agree with it. It is not based on the merits of the case. Damages submitted to the court were in the (6) figures. The decision was in the low (5) figures, insulting to say the least.
~If I file the Proposed Judgment and it is signed, served and entered as is, can there be another reconsideration, the case reheard with new counsel or anything otherwise? Am I then stuck with it as it stands?
The judge is very clear on my opinions of this judgment and has said, “as far as the courts concerned, this matter is concluded.”
~Does this mean over is over?
Another attorney says I need to get some one to clean up the default & get judgment quantified. Also something on “mitigated damages” before I can sue my now former attorney.
~Is this correct? I need much more of an understanding regarding “get judgment quantified” and “mitigating damages.”
On a last note, I have been trying to retain new counsel for both, assistance in this matter and to file Legal Mal against this attorney. I am having a very difficult time locating an attorney to take this contingency.
I understand money “is” the bottom –line, twice the case, twice the cost and so on, but this attorney has not just ruined the cases, but has literally ruined my life and I don’t even have money to pay for the air I breathe to put it lightly.
~Can anyone lend some advice, as I am out of time here, to be able to find a competent and caring attorney?
Thanks all for your help!
[Unlimited Civil Case - Intentional PI/Tort]
My worthless attorney withdrew and granted with a non-appearance! Which means he’s left me as usual to finish his work. Here's some details and where I need help:
A decision was made for the PL (me) on the Default Prove Up. There was then a Motion for Reconsideration. The attorney was negligent failing to prove up on both. As far as the courts concerned, the matter is concluded (per the judges words).
The day before the Motion to Withdraw was on calendar, the attorney finally filed (to be filed 1-mth prior) the Proposed Judgment without my knowledge or consent that I rejected. He, once again named defendant(s) incorrectly making it uncollectible. He filed an amendment the day of the motion, still incorrect (so incompetent! or intentional?)
The court has entered the Judgment. To my knowledge, it has not been served. The attorney had and still refuses to communicate. There is no POS filed. He also still has not turned over my files from this case or yet another from last year. (The judge was aware before granting the motion.) I have to assume “I need to” complete the process timely, which I’m unclear of..
On the Proposed Judgment the attorney wrote, "The COURT ORDERS: Plaintiff to prepare the judgment, serve it on the opposing party, and file it with the court within (10) days of July 19, 2005."
Questions & Concerns:
I need to amend this judgment again (in pro per) to finally after (21) months have the defendant name correctly. I can write it from what the attorney already submitted with the name corrections, yet I'm not sure that the content is correct either.
~Is there a format for writing a Proposed Judgment?
~I read CRC, rule 232 and see nothing on signing, serving and filing in (10) days?
~What about and what exactly is the Proposed Statement of Decision? Something I need to do also?
The Defendant answered the original & amended complaint serving me, not my attorney. I have a civil restraining order and criminal protection order. The defendant never participated in the case whereas the answer was stricken on the trial date.
The defendant moved, leaving no forwarding, never filing a change of address with the court. My attorney, although ordered by the court to locate the defendant, throughout the case served the defendant at the "last known address". I continued to notice my attorney of the whereabouts of the defendant. He refused the information. I informed the court when my attorney failed to appear (several times) where the defendant was.
~Do I serve the defendant at the "last known address" as my attorney always had or am I now responsible and/or legally obligated to confirm the known address and serving the defendant there?
When I've previously had to file amendments with the court, I served the defendant on the court, CRC 202.5, "Service of papers on the clerk when a party's address is unknown", & CCP 1011(b).
On a separate note, on preparing, serving and filing the Proposed Judgment, as I mentioned earlier, I did not consent or agree with it. It is not based on the merits of the case. Damages submitted to the court were in the (6) figures. The decision was in the low (5) figures, insulting to say the least.
~If I file the Proposed Judgment and it is signed, served and entered as is, can there be another reconsideration, the case reheard with new counsel or anything otherwise? Am I then stuck with it as it stands?
The judge is very clear on my opinions of this judgment and has said, “as far as the courts concerned, this matter is concluded.”
~Does this mean over is over?
Another attorney says I need to get some one to clean up the default & get judgment quantified. Also something on “mitigated damages” before I can sue my now former attorney.
~Is this correct? I need much more of an understanding regarding “get judgment quantified” and “mitigating damages.”
On a last note, I have been trying to retain new counsel for both, assistance in this matter and to file Legal Mal against this attorney. I am having a very difficult time locating an attorney to take this contingency.
I understand money “is” the bottom –line, twice the case, twice the cost and so on, but this attorney has not just ruined the cases, but has literally ruined my life and I don’t even have money to pay for the air I breathe to put it lightly.
~Can anyone lend some advice, as I am out of time here, to be able to find a competent and caring attorney?
Thanks all for your help!
what a mess.