Legal Question in Legal Ethics in California
benefit from erroneous judgment
In mid 2003 an atty sent a judgment as a settlement agreement to the court in error but the judge signed it anyway in error (the error was announced several times after the event). This judgment included me as a party to the settlement and in other provisions even though I was never a party to the settlement. I sent the atty two letters requesting that he vacate the judgment which he ignored then I filed a motion to force the atty to vacate his erroneous judgment after which he sent a letter complying with my request and then he amended the erroneous judgment removing most of the references to me. He requested I dismiss my action and I complied. Now, two years later this atty is using that exact same erroneous judgment as the basis for an appeal to try and enforce a non-stipulated provision against the defendant which shows me that he lied about his previous compliance in vacating the erroneous judgment that included me. ATTYs tell me that no monetary damage is caused so there is nothing I can do. My friends say the atty who caused the erroneous judgment made a fool of me. Who is correct, the consulting ATTYs or my friends?
2 Answers from Attorneys
Re: benefit from erroneous judgment
If the judgment appears on your credit report, you might have a case against the attorney and his/her client.
Re: benefit from erroneous judgment
It is nearly impossible to answer your question without more facts. Most importantly, are you merely mentioned in the judgment are did the court award damages against you? Does the judgment show on your credit reating? How has the judgment harmed you?
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