Legal Question in Civil Litigation in California
my civil lawsuit for legal malpractice was removed from state court to federal court and a new fraud complaint was also filed.
The federal judge sent the case back to state court, "only the defense can remove a case" Before removing to Fed Court, the defense didn't depose ( my )plaintiff expert witnesses,because we turned them over just prior to removal to Fed CT.
So...now the defense has filed a motion asking the court to remove all of my/ plaintiff experts on the grounds the defense was prejudiced by not having the opportunity to depose them earlier, prior to the case removal to Fed CT.
And, that it is now a burden to have to do it now, and that the paintiff (me ) should not be able to seek an advatange, because of the improper removal to Fed CT.
is this possible to ask the judge to remove all experts?
2 Answers from Attorneys
It is certainly possible for the defense to file that motion. The better question is whether you have grounds to oppose the motion and convince the court that the motion should be denied.
Without reviewing the motion papers and the procedural history of the case, it is impossible to give an opinion as to what the court is likely to do.
Your best protection would be to hire an attorney on a "limited scope" basis to review your case and help you draft an opposition to the motion. There are a number of attorneys, including attorneys on this service, who will be willing to help you.
Experts are usually excluded because they were not designated properly, not because someone did not take their deposition. It also sounds like your attorney doesn't know what he or she is doing.
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