Legal Question in Civil Litigation in California

Stipulation for property transfer, consideration failed

I entered into a Stipulation where I transfered a valuable asset for a promise to pay. This was done under a cause for specific performance. I ran into difficulties of law in commencing, however I did fullfill all duties and commence under threat of incarceration (contempt). The receiver now claims all burden of payment was relieved because of the delay, has a judgement for the costs of the contempt proceedings, has failed in every promise of payment for the asset, seeks to effect the judgement from my OTHER assets (ie car, bank, and house), and has now filed a new complaint for breach of contract, fraud, etc, even though they are using my OWN entitlements (money) to cause the litigation. All I want is my property back, why can't I just rescind the Stipulation/contract and get my asset back due to their intentional failure to pay?? I cant find an ethical yet vicious lawyer, my income is stifled, and although the asset is of great value and there are issues of malpractice, I cannot adequately defend the case for financial reasons - as the other party has intentionally set up. This is the short story - but any advice? What can I do?


Asked on 10/08/98, 3:35 am

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Stipulation for property transfer

There are no details given nor are there any specific facts to base advice on. you need to get to someone to look at your specific situation and give you some advice. You bettet do it quick if they have a complaint out.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 12/27/98, 9:55 pm
Benjamin Pavone Benjamin Pavone, Esq.

Re: Stipulation

Respectfully, your question is too complex to answer in this forum. I would suggest you get a couple of hundred dollars together and purchase a couple of hours of legal advice from a litigation attorney in your area.

Ben Pavone

I: www.benpavone.com

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8


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Answered on 12/27/98, 10:14 pm
John Hayes The John Hayes Law Offices

Re: Stipulation

Your case seems extremely complex. I specialize

in contract law and I would be able to help you out.

The intial consultation is free and there is no

obligation to hire me. I have ten years experience

in contract law. Since it sounds like you are strapped

for cash I might be able to work out a payment plan

with you. Since there is a Complaint filed against you

you need to file an answer immediately. If they

have already filed a default against you, don't worry

as long as it hasn't been six months since the default

was entered you can usually have it set aside.

Please give me a call so that we can discuss your

case in more detail and I can give you more information

about your different courses of action. I am ethical,

and when need be I can be vicious.

I look forward to hearing from you.

John Hayes, Esq.

My Phone is 805-546-9909 or email with your phone and

a convenient time to reach you and I will give

you a call. My office is located in San Luis Obispo

but I practice throughout the state of California.

John Hayes

The John Hayes Law Offices

P.O. Box 3003


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Answered on 1/18/99, 5:52 pm


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