Legal Question in Civil Litigation in California
I have a civil case in state court. My attorney removed the case and filed in Fed court, also filing a seperate action for fraud tied to the case. The court would not allow the Fraud action in State Court becasue there was not enough time to file and rule on prior to the court trial date. The Fed court remanded the original case back to state court for impropoer removal from state court " only defense can remove"
Now my attorney filed the seperate fraud action back in state court , so now we have two cases pending.
The defense needs to answer the fraud claim,and I'm sure will try for Summary Judgment. My question...is there any law that would prohibit us from doing what we did? Example, you cannot improperlly remove a case , then add a new claim to seek an advantage on the defense...because the fraud action would not be in the case if it were not imporperlly removed.
or...there is plenty of time before the new trial to rule on the fraud case and combine the two cases if the fraud claim holds up?
2 Answers from Attorneys
Your attorney does not know what he or she is doing. I answered this before and pointed this out. That's why your attorney has you on here asking us to help you out for free.
1. Mr. Roach is correct. 2. Your question is gibberish from a lawyer's standpoint. 3. There is no way to answer your question about this civil procedure train-wreck without full information about all the filings that have been done and the procedural status of the case(s). The simple fact that your attorney would try to remove a case to Federal Court as the plaintiff is pushing the edge of malpractice. If you would like your situation reviewed and a full second opinion on your case, I would be happy to make an appointment with you in my Walnut Creek office. If your attorney would like to associate me into your case(s) to save his bacon, have him make sure his errors and omissions insurance is paid up and then contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
