Legal Question in Legal Ethics in California

mediation nightmare

In 2005 I was a party in a mediation. We came to an agreement. Cash settlement and my deceased fathers personality. The retired judge stated that if there was a disagreement as to the property she waould hold jurisdiction. CCP 664.4. I have had numerous conversations with the administrator of the estate and he continues to tell me he has either mailed the items or needs my address again. I have informed the Judge of this. She responded and advised me to try again to work it out with the estates Admin. or his attorney. She also advised me to explain to them that if we are unable to come to an agreement to email her and we will set up a three way call. Again Admin leads me on and his attorneys comment to me was '' thats fine''. Now heres where I am at. Nov. 1 2007 I sent the Judge a letter pleading with her to please make a decision so we could be through with all this. She hasnt yet responded. I called the mediation experts who contracted her and they told me the case has been closed for years and besides the Judge only holds jurisdiction for 30 days. My attorney moved to Hawaii soon after the mediation in 2005. I have asked him numerous times for my case file. He is not any help. What do I do about the Judge?


Asked on 12/05/07, 9:58 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: mediation nightmare

You actually have a number of issues here: the judge; the Administrator (or is it Executor?), your attorney, etc.

You probably should retain an attorney to help unscramble this. If you can afford an estates (or probate) lawyer, do so ASAP.

I also think you did not mean "personality" in your second line.

If you do not know an estates attorney, you should go to the Lawyer Referral Service of the State Bar, and they will recommend someone, who may be able to suggest what you can do on your own, if you cannot afford to pay for an attorney.

Bottom line: you can report each party "dragging his/her feet to the State Bar and get some action.

That includes your attorney in Hawaii, the Executor, or Administrator's lawyer, plus the retired judge.

My best guess is that either you don't understand what is happening, or there are missing facts, since it is difficult to believe that not a single person is behaving properly.

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Answered on 12/06/07, 3:48 am


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