Legal Question in Real Estate Law in California

Re: Attorneys motion to sub out

Look up CCP Section 998 as tyo making a settlement demand. It is very difficult to win on a summary judgment motion as you must show that based upon all the facts, and for those in dispute the other side's version, you clearly should win. There are strict rules as to how the pleadilngs must look, etc. Have you had the deposition of the other side taken, sent requests for admissions, production, etc? Perhaps an aggressive attorney hired just to do limited discovery might frighten them a little into beign willing to discuss settlement. But no one will handle the case without being paid something. You may have a malractice case against your attorney.

Re: Attorneys motion to sub out

I read this and your previous post.

In your type of situation, in general, either one of two things is true. Either you had a really bad/lazy/dishonest attorney, which happens, or you, the client, is being unreasonable or is crazy, which also happens.

Unfortunately, attorneys do cost money, and while it is possible that you may later recoup money from the lawsuit and/or from a malpractice lawsuit against your former attorney, you are going to have to persuade a new attorney to dive into this case.

Yours is not a contingent fee case, and I assume you won't find an attorney who is willing to take your case without money up front.

Be sure to request your file from your former attorney, in writing certified mail return receipt requested, if you have not already done so; and if he doesn't send your file, which is your property, within the 10 days stated in your letter, report him to the state bar.

Re: Attorneys motion to sub out

I doubt your attorney has caused your litigation to be so expensive. The real people you need to blame for that are the California State legislators and the corporations and insurance companies who pay for their campaigns. The entire system of civil procedure is intentionally set up to make civil litigation as onerous and expensive as possible. This protects companies like the one you are suing from civil lawsuits and judgments. Is this justice? Of course not. What can you do about it? 1. Agree to drop the case in exchange for a waiver of costs and fees, and 2. Spend the rest of your life finding a way to get "justice" on the company that damaged you. I had a client who was in a similar situation. He dropped his suit. Over the next 25 years he obtained an education in computers, and he developed an internet business and saved up $55,000,000. Then he set out to obtain justice. He hired private investigators and found out that the company had illegally fired several of its employees. My client paid for their litigation, and the company went under and its officers left the country.