Legal Question in Civil Litigation in California
Ex Parte Title Request, Due To Atty Deception
A real property dispute has an ex parte hearing scheduled for next week on the following issue: to enforce settlement. After doing some research it was broought to my attnetion that the settllement in question was garnered without the clients full understanding/complete knowledge. The def. atty lied as to what was truly occuring plus the def were told it was a pre trial readiness conf. & not a settlement conf. What might one do to overturn or correct this unfair settlement? The def atty also entered into other settlement hearings without their knowledge. Other counsel involved admit wrongdoing but what might one do in this situation? One of the atty's involved have motioned on numerous occasion (ex parte) that a stipulation exists but no such stip. has ever been documented & atty's claim it is a false stip. & does not exist. This is a breach of contract/quite title case & as it stands the atty's are doing more breaching than anyone involved.
Is it true that an ex parte always has some kind of title? In this case maybe something such as:: Ex parte request to dismiss/overturn/renegotiate prior settlement due to judicial & atty deception. NOTE Judge is no longer alive but clearly documented he knew of the wrongdoings of counsel.
2 Answers from Attorneys
Re: Ex Parte Title Request, Due To Atty Deception
A motion to enforce a settlement agreement is governed by Code of Civil Procedure section 664.6.
In order to enforce a settlement agreement, the parties (not the attorneys) either had to agree to settle the case in a settlement orally made on the record (meaning on a clerk's transcript) or in a writing signed by the parties (not the attorneys).
If the court has dismissed the action since the settlement, the court may not have jurisdiction, unless the parties (not the attorneys) requested that the court retain jurisdiction to enforce the settlement, prior to the dismissal.
You have set forth a great deal of convoluted history, out of chronological order. I suggest you speak to an attorney, ASAP, if you are representing yourself. You may think that you are saving yourself money, but you are actually costing yourself money by representing yourself.
I don't perform brain surgery on myself because I am not a surgeon. Your attempt to represent yourself in something complicated is just as silly.
Very truly yours,
Re: Ex Parte Title Request, Due To Atty Deception
No one is able to give you any specific advice or help, without entering an atty-client relationship. Even if you got it, what would you be able to do with it? You've described a convoluted and detailed situation that needs attention, and thorough opposition pleadings and declarations filed asap. Unless you already know what law and facts to use, and how to present and plead them, get an attorney to handle this. Feel free to contact me if interested in doing so, and if the case is in SoCal courts. If elsewhere, get someone there quickly.
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